Opinion
Civil Action 3:20-cv-489-CWR-FKB
09-19-2022
GEORGE ZUNIGA, #34481-177 PETITIONER v. STEVEN RIESNOR, WARDEN RESPONDENT
REPORT AND RECOMMENDATION
F. KEITH BALL. UNITED STATES MAGISTRATE JUDGE
Before the Court is a petition for habeas corpus relief brought by federal prisoner George Zuniga. See 28 U.S.C. § 2241. Petitioner was incarcerated at the Yazoo City Federal Correctional Complex at the time he initially filed the action. [1] at 2. In his petition and amended petition, Zuniga challenges the order in which he is serving his sentences. [1] at 2, [5] at 5. Respondent asserts, inter alia, that Zuniga failed to exhaust his administrative remedies before filing his petition. [15] at 3-6. Having considered the filings, the undersigned recommends that the petition and amended petition be dismissed as moot.
A case becomes moot if it no longer presents a case or controversy. Spencer v. Kemna, 523 U.S. 1, 7 (1998) (quoting Lewis v. Continental Bank Corp., 494 U.S. 472, 477-478 (1990)). Since Zuniga filed this petition, he has been released from the custody of the Bureau of Prisons. According to the web site of the Bureau of Prisons, Zuniga was released from custody on April 19, 2022. See Bureau of Prisons, https//www.bop.gov/inmateloc/ (last visited Sept. 19, 2022).
For this reason, the undersigned recommends that the petition and amended petition be dismissed. The parties are hereby notified that failure to file written objections to the proposed findings, conclusions, and recommendation contained within this report and recommendation within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the proposed factual findings and legal conclusions accepted by the district court. 28 U.S.C. § 636; Fed.R.Civ.P. 72(b); Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996).
Where a document is served by mail, the party is considered to have been served on the date the document is mailed by the Court. See Fed.R.Civ.P. 5(b)(2)(C).