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ROBINSON v. AUGUSTINE, 5:11-cv-99-MW-GRJ. (2013)

Court: District Court, N.D. Florida Number: infdco20130816937 Visitors: 7
Filed: Jul. 17, 2013
Latest Update: Jul. 17, 2013
Summary: REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. On June 27, 2013, the Court ordered Petitioner to show cause before July 11, 2013, as to why this case should not be dismissed for failure to prosecute. The Order, like a previous Order mailed to Plaintiff in December 2012, was returned as undeliverable. (Docs. 25, 27.) The Federal Bureau of Prison's inmate locator website reflects that Petitioner was released from custody on November 27, 2012. Petitioner has not yet filed a change of
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REPORT AND RECOMMENDATION

GARY R. JONES, Magistrate Judge.

On June 27, 2013, the Court ordered Petitioner to show cause before July 11, 2013, as to why this case should not be dismissed for failure to prosecute. The Order, like a previous Order mailed to Plaintiff in December 2012, was returned as undeliverable. (Docs. 25, 27.) The Federal Bureau of Prison's inmate locator website reflects that Petitioner was released from custody on November 27, 2012. Petitioner has not yet filed a change of address with the Court despite his release from custody last year. Because Petitioner is no longer in custody, he has achieved all of the relief which he requested in the Petition and to which he would have been entitled had this Court granted his petition. The action is therefore moot unless there are collateral consequences that arise from Petitioner's conviction. Minor v. Dugger, 864 F.2d 124, 125 (11th Cir. 1989) (citations omitted).

Accordingly, it is respectfully RECOMMENDED that this case should be dismissed for failure to prosecute.

Source:  Leagle

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