Opinion
No. 2:05-CV-0062.
May 24, 2005
REPORT AND RECOMMENDATION TO GRANT PETITIONER'S MOTION TO DISMISS and TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS
Came this day for consideration the motion to dismiss filed by petitioner BRANDON RAY DRIVER. By his motion, petitioner seeks to dismiss the Petition for a Writ of Habeas Corpus filed in this cause number. Petitioner contends he filed his habeas petition "in an attempt to resolve a detainer/hold that had been lodged against him in the State of Texas, for a sentence that had expired." Petitioner advises that during the pendency of this case, "the detainer/hold in the State of Texas has been recalled and dismissed, thus there is no longer need for this matter to be resolved in this Court." Petitioner requests this matter be dismissed without prejudice.
Based on petitioner's representations, it appears there is no continuing case or controversy with regard to petitioner in this proceeding. Accordingly, petitioner's motion to dismiss should be GRANTED, and petitioner's habeas application should be DISMISSED.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that petitioner's Motion to Dismiss be GRANTED, and the petition for a writ of habeas corpus filed by petitioner BRANDON RAY DRIVER be DISMISSED.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by the most efficient means available.
IT IS SO RECOMMENDED.