Jamison v. Yankton FPC Warden

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
RODERICK JAMISON,
Petitioner,
vs.
YANKTON FPC WARDEN,
Respondent.
4:21-CV-04140-KES
ORDER DISMISSING PETITION FOR
WRIT OF HABEAS CORPUS
WITHOUT PREJUDICE
Petitioner, Roderick Jamison, brought this pro se petition for writ of
habeas corpus under 28 U.S.C. § 2241. Docket 1. The petition was referred to a
United States Magistrate Judge under 28 U.S.C. § 636(b)(1)(B), and this court’s
March 9, 2015, standing order. Respondent filed a motion to dismiss. Docket
10. The Magistrate Judge entered a report and recommended that Jamison’s
petition be dismissed without prejudice for failure to state a claim upon which
relief may be granted. Docket 14 at 9-10. Jamison objected to the report and
recommendation. Docket 15.
On February 24, 2022, this court was informed that Jamison had been
placed in home confinement. See Docket 16. Because Jamison sought to be
placed in a residential reentry center in his initial habeas petition, it appeared
to this court that Jamison had obtained the relief that he was requesting. See
Docket 1 at 8. This court directed Jamison to file a document indicating
whether he wished to proceed with his claim by March 22, 2022, and informed
Jamison that his failure to do so would result in dismissal of his claim without
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prejudice. Docket 16. At this time, Jamison has not filed such a document with
the court.
Thus, it is ORDERED:
1. That Jamison’s petition for writ of habeas corpus (Docket 1) is denied
as moot, and the case is dismissed without prejudice.
2. That 	respondent’s 	motion 	to 	dismiss 	for 	failure 	to 	exhaust
administrative remedies, for lack of jurisdiction, and for failure to state
a claim (Docket 10) is denied as moot.
3. That the Magistrate Judge’s report and recommendation (Docket 14) is
not adopted.
4. That 	Jamison’s 	objection 	to 	the 	Magistrate 	Judge’s 	report 	and
recommendation (Docket 15) is denied as moot.
Dated April 6, 2022.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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