RODRIGUEZ v. STEPHENS, 2:11-CV-0192. (2014)
Court: District Court, N.D. Texas
Number: infdco20140502a44
Visitors: 8
Filed: Mar. 14, 2014
Latest Update: Mar. 14, 2014
Summary: REPORT AND RECOMMENDATION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS CLINTON E. AVERITTE, Magistrate Judge. Came for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner TIMOTEO V. RODRIGUEZ III. By his habeas application, petitioner challenges the Texas Board of Pardons and Paroles' denial of his release to discretionary mandatory supervision. On January 31, 2014, mail sent by the Court to petitioner was returned with the notation, "RTS
Summary: REPORT AND RECOMMENDATION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS CLINTON E. AVERITTE, Magistrate Judge. Came for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner TIMOTEO V. RODRIGUEZ III. By his habeas application, petitioner challenges the Texas Board of Pardons and Paroles' denial of his release to discretionary mandatory supervision. On January 31, 2014, mail sent by the Court to petitioner was returned with the notation, "RTS ..
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REPORT AND RECOMMENDATION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS
CLINTON E. AVERITTE, Magistrate Judge.
Came for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner TIMOTEO V. RODRIGUEZ III. By his habeas application, petitioner challenges the Texas Board of Pardons and Paroles' denial of his release to discretionary mandatory supervision. On January 31, 2014, mail sent by the Court to petitioner was returned with the notation, "RTS Discharged." On this date, inquiry to the Texas Department of Criminal Justice, Correctional Institutions Division, reveals petitioner was released to discretionary mandatory supervision on July 23, 2013. Petitioner did not notify the Court of his release, nor has he provided the Court with a current address.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the Petition for Writ of Habeas Corpus by a Person in State Custody filed by petitioner TIMOTEO V. RODRIGUEZ III be DISMISSED as moot. The petitioner has received the relief he seeks, i.e., conditional release. Alternatively, the case should be dismissed for want of prosecution.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of this Report and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.
Source: Leagle
