Summary
The United States District Court for the Eastern District of Texas adopted a magistrate judge’s report and recommendation in Robert Sills’s 28 U.S.C. § 2241 habeas corpus petition. The court dismissed the petition as moot, without prejudice to Sills seeking any available relief from the sentencing court.
Holdings
- Because no objections were filed, the district court was not required to conduct de novo review and accepted the magistrate judge's findings and conclusions under the applicable clear-error, abuse-of-discretion, and contrary-to-law standard.
- The petition for writ of habeas corpus was dismissed as moot.
- Dismissal of the § 2241 petition does not prevent Sills from seeking relief to which he may be entitled from the sentencing court.
Questions Presented
- Whether the magistrate judge's Report and Recommendation should be adopted when no objections were filed.
- Whether Sills's § 2241 habeas petition should be dismissed as moot.
- Whether dismissal should preserve Sills's ability to seek relief from the sentencing court.
Disposition
dismissed
Cases Cited (3)
- Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017)(followed)
- Arriaga v. Laxminarayan, Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021)(followed)
- United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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