PHILLIPS v. WARDEN, FCI MARIANNA, 5:11-cv-134-RS-GRJ. (2013)
Court: District Court, N.D. Florida
Number: infdco20130905a72
Visitors: 9
Filed: Aug. 06, 2013
Latest Update: Aug. 06, 2013
Summary: REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. On July 17, 2013, the Court ordered Petitioner to show cause before August 6, 2013, as to why this case should not be dismissed for failure to prosecute. (Doc. 12.) The Order was returned as undeliverable. (Doc. 13.) The Federal Bureau of Prisons' inmate locator website reflects that Petitioner was released from custody on February 28, 2013. Petitioner has not yet filed a change of address with the Court despite his release from custo
Summary: REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. On July 17, 2013, the Court ordered Petitioner to show cause before August 6, 2013, as to why this case should not be dismissed for failure to prosecute. (Doc. 12.) The Order was returned as undeliverable. (Doc. 13.) The Federal Bureau of Prisons' inmate locator website reflects that Petitioner was released from custody on February 28, 2013. Petitioner has not yet filed a change of address with the Court despite his release from custod..
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REPORT AND RECOMMENDATION
GARY R. JONES, Magistrate Judge.
On July 17, 2013, the Court ordered Petitioner to show cause before August 6, 2013, as to why this case should not be dismissed for failure to prosecute. (Doc. 12.) The Order was returned as undeliverable. (Doc. 13.) The Federal Bureau of Prisons' inmate locator website reflects that Petitioner was released from custody on February 28, 2013. 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 be dismissed for failure to prosecute.
Source: Leagle
