The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ANTHONY RAHSHAD BROWN, #13710-003 PETITIONER
V. CIVIL ACTION NO. 3:22-CV-495-KHJ-MTP
C. HARRISON RESPONDENT
ORDER
Before the Court is the [19] Report and Recommendation (“Report”) of United
States Magistrate Judge Michael T. Parker. The Report recommends granting
Respondent C. Harrison’s [17] Motion to Dismiss for Mootness and dismissing
Petitioner Anthony Rahshad Brown’s [1] Petition for Writ of Habeas Corpus without
prejudice. [19] at 2. Written objections to the Report were due May 30, 2023. at
2–3. The Report notified the parties that failure to file written objections to the
findings and recommendations by that date would bar further appeal in accordance
with 28 U.S.C. § 636. .
When no party has objected to a magistrate judge’s Report, the Court need
not review it de novo. 28 U.S.C. § 636(b)(1). Instead, the Report is reviewed under
the “clearly erroneous, abuse of discretion and contrary to law” standard of review.
, 864 F.2d 1219, 1221 (5th Cir. 1989).
Brown seeks habeas relief, asking the Court to order the Bureau of Prisons to
update his risk level and apply certain “earned time credits” under the First Step
Act. [1] at 2; [1-1] at 3. He filed his [1] Petition on August 25, 2022. Harrison moved
to dismiss, arguing the Petition is moot because he has already received his
requested relief through the BOP’s administrative process. [17] ¶¶ 5–7. The Court
ordered Brown to show cause by May 9, 2023, as to why it should not dismiss the
case as moot. Order [18]. Brown failed to respond.
The Magistrate Judge recommends dismissing the [1] Petition without
prejudice because it is moot. [19] at 2. Brown did not object to the Report, and the
time to do so has passed. The Report is neither clearly erroneous nor contrary to
law.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the [19] Report and
Recommendation of United States Magistrate Judge Michael T. Parker is adopted
as the opinion of this Court. The Court GRANTS Respondent C. Harrison’s [17]
Motion to Dismiss for Mootness and DISMISSES Petitioner Anthony Rahshad
Brown’s [1] Petition without prejudice.
The Court will issue a separate Final Judgment consistent with this Order.
SO ORDERED, this the 5th day of June, 2023.
s/
UNITED STATES DISTRICT JUDGE