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Carter v. Lake

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
May 25, 2017
No. CV-14-02599-TUC-JGZ (D. Ariz. May. 25, 2017)

Opinion

No. CV-14-02599-TUC-JGZ

05-25-2017

Halston Carter, Petitioner, v. S. Lake, Respondent.


ORDER

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Eric J. Markovich. (Doc. 11.) Judge Markovich recommends dismissing Petitioner Halston Carter's Petition for Writ of Habeas Corpus as moot. (Doc. 11.)

Having reviewed the record, the Court concludes that Magistrate Judge Markovich's recommendations are not clearly erroneous and will adopt the Report and Recommendation. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). Petitioner Halston Carter requests an order expunging a Bureau of Prisons (BOP) incident report relating to the possession of alcohol and restoring Petitioner's good time credits and other privileges. (See doc. 1.) Because Petitioner was released from BOP custody on October 13, 2016, the Court cannot grant the requested relief and the Petition is now moot.

Accordingly, IT IS ORDERED as follows:

1. The Report and Recommendation (doc. 11) is accepted and adopted;

2. Petitioner Carter's Petition for Writ of Habeas Corpus (doc. 1) is DISMISSED as moot;

3. A Certificate of Appealability is denied and shall not issue; and

4. The Clerk of the Court is directed to close the case.

Dated this 25th day of May, 2017.

/s/_________

Honorable Jennifer G. Zipps

United States District Judge

See https://www.bop.gov/inmateloc/.


Summaries of

Carter v. Lake

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
May 25, 2017
No. CV-14-02599-TUC-JGZ (D. Ariz. May. 25, 2017)
Case details for

Carter v. Lake

Case Details

Full title:Halston Carter, Petitioner, v. S. Lake, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: May 25, 2017

Citations

No. CV-14-02599-TUC-JGZ (D. Ariz. May. 25, 2017)