April Nesbitt v. Warden

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s findings and recommendation and dismissed April Nesbitt’s 28 U.S.C. § 2241 habeas petition as moot. The court removed the matter from its active docket and denied a certificate of appealability.

Holdings

1. The court adopted the magistrate judge's Findings and Recommendation and dismissed the plaintiff's § 2241 habeas petition as moot.
2. The court denied a certificate of appealability because the governing standard was not satisfied.

Questions Presented

1. Whether the plaintiff's petition for a writ of habeas corpus under 28 U.S.C. § 2241 should be dismissed as moot.
2. Whether the plaintiff was entitled to a certificate of appealability.

Disposition

dismissed