Opinion
Civil Action 20-4005
04-25-2022
CARL THOMAS STEWART, JR. Petitioner, v. DISTRICT ATTORNEY, et al. Respondents.
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 25th day of April 2022, upon consideration of the Report & Recommendation of Magistrate Judge Timothy R. Rice, to which no objections have been filed, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED ;
Petitioner filed a petition under 28 U.S.C. § 2241 while he was still in pretrial custody. Petitioner entered a guilty plea to the charges against him two months later, and did not seek appellate review of his conviction and sentence. Thus, as the R&R concluded, the claims relating to his pretrial incarceration are now moot, and to the extent he may have raised claims cognizable under 28 U.S.C. § 2254, those claims must be dismissed for failure to exhaust his remedies in the state courts.
2. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice and without an evidentiary hearing;
3. A certificate of appealability will not issue; and
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
3. The Clerk of Court is directed to CLOSE the case.
It is so ORDERED.