Opinion
No. 3:04-CV-1804-G.
October 25, 2004
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this case has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge, as evidenced by his signature thereto, are as follows:
FINDINGS AND CONCLUSIONS:
Type of Case: This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, et seq. Findings and Conclusions: Petitioner is currently confined in the Dallas County Jail on pending state charges. In this action he seeks habeas corpus relief predicated on his claims that he has not been "arraigned by a United States magistrate judge" on the charges pending in No. 3-04-CR-191-G, a federal criminal indictment. The record reflects that Petitioner's initial appearance before a United States magistrate judge, pursuant to a writ of habeas corpus as prosecendum occurred on August 20, 2004, at which time counsel was appointed to represent him and that he subsequently appeared for arraignment before the District Court on August 31, 2004, at which time he entered a plea of not guilty. It is, therefore, clear that the relief sought in the instant petition has been granted and that the petition should be dismissed, the same being moot.
RECOMMENDATION:
For the foregoing reasons, it is recommended that the District Court dismiss the habeas corpus petition as being moot.
A copy of this recommendation will be mailed to Petitioner Lester Jon Ruston, #04037709, Dallas County Jail, Lew Sterrett, 500 Commerce Street, Dallas, Texas 75202.