Opinion
2:99-CV-0215
April 15, 2002
REPORT AND RECOMMENDATION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS
Before this Court is a Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner wherein he appears to 1) challenge the authority of the Board of Pardons and Paroles to revoke parole, and allege 2) his sentence has been extended because said sentence was not credited with the "good time" accrued prior to his release to parole; 3) he was coerced into signing his parole certificate and, thus, said certificate is void; and 4) failure to credit his sentence with "street time" violates the Texas and United States Constitutions, as well as Texas state law.
On March 21, 2002, this case came before the Court for review. Inquiry, on that date, to the Texas Department of Criminal Justice, Institutional Division, revealed petitioner was released to mandatory supervision on March 23, 2001. As it appeared that this case might be moot, petitioner was ordered, on March 26, 2002, to show cause why this cause should not be dismissed as moot. The Order was forwarded to petitioner's last known address. In said Order, petitioner was warned that failure to timely comply with the Order would result in a recommendation for the dismissal of this cause without further notice.
On April 3, 2002, the mail containing the Order was returned to this Court with the notations, "Attempted Not Known" and "RTS." Petitioner had not advised the Court of any change of address as required by local rules 83.13 and 83.14. As of this date, petitioner has not submitted a response as directed by the Court's March 26, 2002 Order. Dismissal of this case is warranted.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the Petition for a Writ of Habeas Corpus filed by petitioner BRENT KEITH GROSSMAN be DISMISSED.
INSTRUCTIONS FOR SERVICE and NOTIFICATION OF RIGHT TO OBJECT
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by certified mail return receipt requested.
Any party may object to this Report and Recommendation within fourteen (14) days after its date of filing. See 28 U.S.C. § 636(b); Fed.R.Civ.P. 5(b), 6(e). Any such objections shall be in the form of a written pleading entitled "Objections to the Report and Recommendation," and shall specifically identify the portions of the findings, conclusions, or recommendation to which objection is made, and set out fully the basis for each objection. Objecting parties shall file the written objections with the United States District Clerk and serve a copy of such objections on the Magistrate Judge and all other parties. A party's failure to timely file written objections to the proposed findings, conclusions, and recommendation contained in this report shall bar an aggrieved party, except upon grounds of plain error, from attacking on appeal, the unobjected-to proposed factual findings and legal conclusions set forth in this report and accepted by the district court. Douglass v. United Services Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996).
IT IS SO RECOMMENDED.