Reynolds v. Orleans Parish Magistrate Court

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

DASHONE MARCEL REYNOLDS CIVIL ACTION

VERSUS NO. 22-247

ORLEANS PARISH MAGISTRATE SECTION “R” (2) COURT

ORDER

Petitioner Dashone Reynolds, proceeding pro se and in forma pauperis, brings this action for a writ of habeas corpus under 28 U.S.C. § 2241.1 On August 3, 2023, Magistrate Judge Donna Phillips Currault issued a Report & Recommendation (“R&R”), recommending that the petition for habeas relief under § 2241 be dismissed as moot.2 The Magistrate Judge further recommended that the petition not be recharacterized under § 2254 because Reynold’s state court conviction is not yet final and he has not exhausted available state court review of his claims in a procedurally proper manner through the Louisiana Supreme Court.3

1 R. Doc. 3. 2 R. Doc. 9. 3 Id. Reynolds did not object to the R&R. Therefore, the Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court finds no clear error. Accordingly, the Court adopts Magistrate Judge Currault’s R&R as its opinion. Reynold’s petition is DISMISSED WITHOUT PREJUDICE as moot.

New Orleans, Louisiana, this__21st__ day of August, 2023. Aorwk Varne2 SARAH S. VANCE UNITED STATES DISTRICT JUDGE