Opinion
CV 18-141-BLG-SPW
04-26-2019
CRAIG STEVEN HURLBURT, Petitioner, v. UNITED STATES OF AMERICA; TOM GREEN, Warden, Dawson County Correctional Facility; TIMOTHY C. FOX, Montana Attorney General; UNITED STATES OF AMERICA ATTORNEY OF MONTANA, Respondents.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
Petitioner Craig Steven Hurlburt, appearing pro se, filed a "Motion for Interstate Agreement on Detainers, Notice of Untried Indictment, Demand for Jury Trial with Speedy Trial Rights, and Request for Counsel." (Doc. 1). Magistrate Judge Timothy Cavan construed the motion as a petition for writ of habeas corpus under 28 U.S.C. § 2241(c), and ordered Respondents to show cause why equitable relief was not appropriate. (Doc. 3). Both the Montana Department of Justice and the United States Attorney for the District of Montana represent that no federal detainer is lodged against Hurlburt. (See Docs. 6, 7). Accordingly, there is no case or controversy at issue and the motion/petition is moot.
Therefore, IT IS ORDERED the proposed findings and recommendations entered by United States Magistrate Judge Cavan (Doc. 8) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Hurlburt's "motion," construed as a petition for habeas corpus, is DISMISSED as moot.
IT IS FURTHER ORDERED that pursuant to Fed. R. App. P. 24(a)(4)(B), any appeal from this disposition would not be taken in good faith because Hurlburt challenges a detainer that does not exist.
The clerk is directed to enter, by separate document, a judgment of dismissal.
DATED this 26th day of April 2019.
/s/_________
SUSAN P. WATTERS
United States District Judge