Summary
This Memorandum Opinion and Order resolves a petitioner's habeas corpus petition brought under 28 U.S.C. § 2241. Adopting a Magistrate Judge's recommendation, the District Court denies the petition as moot, dismisses the respondent's motion to dismiss, and terminates the case with prejudice. The court further concludes that the petitioner has not met the standard for a certificate of appealability and denies the request.
Topics
Practice areas
Questions Presented
- Whether the petition for a writ of habeas corpus is moot
- Whether the respondent's motion to dismiss is moot
- Whether a certificate of appealability should be granted
Holdings
- The court denied Tyree’s petition for habeas corpus as moot.
- The court denied the motion to dismiss as moot.
- The court denied a certificate of appealability.
Key quotations
“The standard is satisfied only upon a showing that reasonable jurists would find that any assessment of the constitutional claims by this court is debatable or wrong and that any dispositive procedural ruling is likewise debatable.” (at 1)
Factual background
Petitioner Rose Tyree filed a petition for a writ of habeas corpus in the Southern District of West Virginia. Respondent Warden Cutwright moved to dismiss. The magistrate recommended denial of the petition as moot and denial of the motion as moot. No party objected to the recommendation.
Procedural history
Magistrate Judge Joseph K. Reeder submitted proposed findings and recommendations; parties did not object; court adopted the magistrate's analysis and denied the petition and motion, dismissing the action.