Lathan v. United States Marshal, Eastern District of Texas

District Court, E.D. Texas

Lathan v. United States Marshal, Eastern District of Texas

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00164 Joaqulinn Lathan, Petitioner, V. United States Marshal, Eastern District of Texas, Respondent.

ORDER Petitioner Joaqulinn Lathan filed this petition for the writ of habeas corpus under

28 U.S.C. § 2241

challenging a federal de- tainer lodged against him. The case was referred to United States Magistrate Judge K. Nicole Mitchell. The Government moved to dismiss the petition as moot, stat- ing that the challenged detainer has been lifted. The magistrate judge issued a report recommending dismissal of the petition as moot. Petitioner received a copy of the report on June 9, 2023, but has filed no objections. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Having reviewed the magistrate judge’s re- port, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Government’s motion to dismiss (Doc. 14) is granted; this petition is dismissed as moot. So ordered by the court on August 11, 2023.

j? CAMPBELL BARKER United States District Judge

Reference

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