Bembry v. Lawrence

Full title: JOHN W. BEMBRY, II, Petitioner, v. AL ST. LAWRENCE, Chatham County…

Court: United States District Court, S.D. Georgia, Savannah Division

Date published: Jul 26, 2007

Case No. CV407-087 (S.D. Ga. Jul. 26, 2007)

Opinion

Case No. CV407-087.

July 26, 2007

REPORT AND RECOMMENDATION

G. SMITH, Magistrate Judge

Petitioner, who commenced this civil action pursuant to 28 U.S.C. § 2254, has filed a motion for voluntary dismissal of his habeas petition. Doc. 7. Petitioner had alleged that the state charges against him had been dropped but that he had remained unlawfully incarcerated in Chatham County Jail. Doc. 1. Since the filing of his petition, petitioner has been released from Chatham County Jail and is now incarcerated in Liberty County Jail on federal charges. Doc. 7. As petitioner is no longer in the custody of defendants, the instant petition should be DISMISSED without prejudice.¹

1 Defendant Al St. Lawrence's motion to dismiss, doc. 4, is thereby moot.

SO REPORTED AND RECOMMENDED.

ORDER

After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court.

SO ORDERED