From Casetext: Smarter Legal Research

Larue v. Adams

United States District Court, S.D. West Virginia, at Bluefield Division
Jun 12, 2006
Civil Action No. 1:04-0396 (S.D.W. Va. Jun. 12, 2006)
Download
PDF
Check
Treatment

Summary

finding moot plaintiff's request for placement in a halfway house for the last six months of her incarceration because she had already completed her term of imprisonment

Summary of this case from Harvey v. West Virginia Parole Board
See 14 Summaries

Opinion

Civil Action No. 1:04-0396.

June 12, 2006

MEMORANDUM OPINION

DAVID FABER, District Judge

By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on July 22, 2004, in which he recommended that the District Court deny plaintiff's motion for habeas relief, dismiss plaintiff's application for habeas relief with prejudice, and remove this matter from the court's docket.

In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). On August 4, 2004, plaintiff filed objections to the Magistrate Judge's Findings and Recommendation.

In her application, plaintiff requests placement in a halfway house for the last six months of her incarceration. The court notes that dismissal of plaintiff's application as moot is appropriate because plaintiff has already completed her term of incarceration and was released on December 9, 2004. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Lopez v. Federal Bureau of Prisons, 2006 WL 219607, *1 (D. Puerto Rico 2006). Accordingly, because no case or controversy presently exists in this case, the court hereby DENIES plaintiff's motion for habeas relief as moot, DISMISSES plaintiff's application, and directs the Clerk to remove this case from the court's active docket. A judgment order consistent with this opinion will be filed this day.

The Clerk is directed to forward a copy of this Memorandum Opinion to plaintiff, pro se, and counsel of record.

IT IS SO ORDERED.

Summaries of

Larue v. Adams

United States District Court, S.D. West Virginia, at Bluefield Division
Jun 12, 2006
Civil Action No. 1:04-0396 (S.D.W. Va. Jun. 12, 2006)

finding moot plaintiff's request for placement in a halfway house for the last six months of her incarceration because she had already completed her term of imprisonment

Summary of this case from Harvey v. West Virginia Parole Board

recognizing that several circuit and district courts have found that the exhaustion requirements may be waived under § 2241

Summary of this case from Vitrano v. Saad

recognizing that several circuit and district courts have found that the exhaustion requirements may be waived under § 2241 and noting that although the Fourth Circuit has not directly addressed this issue, it has shown a willingness to adopt a futility exception to the general exhaustion requirement in habeas corpus actions

Summary of this case from Clayton v. Bauknecht

recognizing that several circuit and district courts have found that the exhaustion requirements may be waived under § 2241 and noting that although the Fourth Circuit has not directly addressed this issue, it has shown a willingness to adopt a futility exception to the general exhaustion requirement in habeas corpus actions

Summary of this case from Paschal v. Bauknecht

recognizing that several circuit and district courts have found that the exhaustion requirements may be waived under § 2241 and noting that although the Fourth Circuit has not directly addressed this issue, it has shown a willingness to adopt a futility exception to the general exhaustion requirement in habeas corpus actions

Summary of this case from Dunkley v. Hamidullah

recognizing that several federal circuit and district courts have found that the exhaustion requirements may be waived under § 2241 and noting that although the United States Court of Appeals for the Fourth Circuit has not directly addressed this issue, it has shown a willingness to adopt a futility exception to the general exhaustion requirement in habeas corpus actions

Summary of this case from Jaworski v. Gutierrez

recognizing that several circuit and district courts have found that the exhaustion requirements may be waived under § 2241 and noting that although the Fourth Circuit has not directly addressed this issue, it has shown a willingness to adopt a futility exception to the general exhaustion requirement in habeas corpus actions

Summary of this case from Murdock v. Gutierrez

In LaRue, the Southern District of West Virginia noted that the purpose of the PLRA was to curtail the filing of frivolous prisoner civil rights actions.

Summary of this case from Mubang v. Warden, Hazelton Secure Female Facility

noting widespread recognition of "futility" exception and suggesting that Fourth Circuit precedent supports it

Summary of this case from Dull v. Bolster

In LaRue, the Southern District of West Virginia noted that the purpose of the PLRA was to curtail the filing of frivolous prisoner civil rights actions. LaRue, 2006 WL 1674487 at *7.

Summary of this case from Luczak v. Coakley

In Larue and Bost, the court found that it would be futile for the petitioners to be required to exhaust their administrative remedies because the ultimate appeals would be to the Office of General Counsel ("General Counsel"), the entity that issued the BOP policy that the inmates were challenging.

Summary of this case from Lackard v. Coakley

In LaRue, the Southern District of West Virginia noted that the purpose of the PLRA was to curtail the filing of frivolous prisoner civil rights actions. LaRue, 2006 WL 1674487 at *7.

Summary of this case from Hayes v. Warden

In LaRue, the Southern District of West Virginia noted that the purpose of the PLRA was to curtail the filing of frivolous prisoner civil rights actions. LaRue 2006 WL 1674487 at *7.

Summary of this case from Bender v. Carter

In LaRue, the Southern District of West Virginia noted that the purpose of the PLRA was to curtail the filing of frivolous prisoner civil rights actions. LaRue 2006 WL 1674487 at *7.

Summary of this case from Fontanez v. O'Brien
Case details for

Larue v. Adams

Case Details

Full title:DEBRA FISHER LARUE, Plaintiff, v. VANESSA ADAMS, Warden, FPC Alderson…

Court:United States District Court, S.D. West Virginia, at Bluefield Division

Date published: Jun 12, 2006

Citations

Civil Action No. 1:04-0396 (S.D.W. Va. Jun. 12, 2006)

Citing Cases

Phong Nguyen v. Young

Nevertheless, “because exhaustion requirements for filing pursuant to § 2241 are judicially imposed, this…

Murdock v. Gutierrez

For this reason, it follows that a Court has the discretion to waive that requirement in certain…

68 Citing Cases