Legal Opinion
Doss v. Crosby
District Court, N.D. Florida
Decided February 21, 2005No. 404CV162RHWCSPublished
1Opinion of the Court
ORDER DISMISSING PETITION AS MOOT
HINKLE, Chief Judge.
This matter is before the court on the Magistrate Judge’s Report and Recommendation (document 19), to which no objections have been filed. The Report and Recommendation is correct and will be adopted as the opinion of the court, with this additional note: the conclusion that this petition is moot is correct regardless of whether petitioner’s release removes the bar to any civil cause of action he might have, under 42 U.S.C. § 1983 or otherwise, for challenging the revocation of his gain time. Compare Spencer v. Kemna, 523 U.S. 1, 17, 118…
2Cases cited5 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Spencer v. KemnaSupreme Court of the United States · 1998
- United States v. JohnsonSupreme Court of the United States · 2000
- Narvis G. Nonnette v. Larry Small R. Schelke E. Castro D. Johnson M.A. Corbin J. BuiltmanCourt of Appeals for the Ninth Circuit · 2002
- Daniels v. StateDistrict Court of Appeal of Florida · 2004