Opinion
Civil Action No. 1:05-CV-722.
June 30, 2006
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Petitioner William Mark Lineberry, a prisoner proceeding through counsel, filed this petition for writ of mandamus pursuant to 28 U.S.C. § 1651.
The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
On June 8, 2006, counsel for the petitioner moved to dismiss the petition. Counsel asserts that the petition is now moot. Respondents have not filed objections to the motion. Accordingly, this petition for writ of mandamus should be dismissed as moot.
Recommendation
This petition for writ of mandamus should be dismissed as moot.
Objections
Within ten (10) days after receipt of the magistrate judge's report, any party may serve and file written objections to the findings of facts, conclusions of law and recommendations of the magistrate judge. 28 U.S.C. § 636(b)(1)(C).
Failure to file written objections to the proposed findings of facts, conclusions of law and recommendations contained within this report within ten days after service shall bar an aggrieved party from de novo review by the district court of the proposed findings, conclusions and recommendations and from appellate review of factual findings and legal conclusions accepted by the district court except on grounds of plain error. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72.