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Batie v. Florida Department of Corrections

United States District Court, N.D. Florida, Gainesville Division
May 22, 2009
CASE NO. 1:06-cv-00062-MP-AK (N.D. Fla. May. 22, 2009)

Summary

noting that if a petitioner has completed the term of disciplinary confinement at the time of the filing of the petition, the cause is moot unless the disciplinary conviction affected the duration of imprisonment, which is not the case for a life-sentenced inmate

Summary of this case from Johnson v. Cert

Opinion

CASE NO. 1:06-cv-00062-MP-AK.

May 22, 2009


ORDER


This matter is before the Court on Doc. 28, Report and Recommendation of the Magistrate Judge, recommending that the habeas petition of Mr. Batie, challenging the result of a prison disciplinary hearing, be dismissed with prejudice. The time for filing objections has passed, and none have been filed. The Court agrees with the Magistrate Judge that the state court's finding that the State had complied with its mandamus order was not contrary to, or involved an unreasonable application of, clearly established Supreme Court law and that the decision was not based on an unreasonable determination of the facts in light of the evidence presented to the state court. Accordingly, it is hereby

ORDERED AND ADJUDGED:

DONE AND ORDERED.

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This case is dismissed with prejudice, and the Clerk is directed to close the file.


Summaries of

Batie v. Florida Department of Corrections

United States District Court, N.D. Florida, Gainesville Division
May 22, 2009
CASE NO. 1:06-cv-00062-MP-AK (N.D. Fla. May. 22, 2009)

noting that if a petitioner has completed the term of disciplinary confinement at the time of the filing of the petition, the cause is moot unless the disciplinary conviction affected the duration of imprisonment, which is not the case for a life-sentenced inmate

Summary of this case from Johnson v. Cert
Case details for

Batie v. Florida Department of Corrections

Case Details

Full title:GERALD BATIE, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS, JAMES…

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: May 22, 2009

Citations

CASE NO. 1:06-cv-00062-MP-AK (N.D. Fla. May. 22, 2009)

Citing Cases

Walker v. Fla. Dep't of Corr.

uasive authority) (state prisoner's habeas petition, challenging placement on close management status because…

Johnson v. Cert

Rowan v. Harris, 316 F. App'x 836, 838 (11th Cir. 2008) (per curiam) ("[A]s a life inmate in the Florida…