United States District Court, E.D. Arkansas, Jonesboro Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge J. Leon Holmes. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court within fourteen (14) days
of the entry of this Recommendation. The failure to timely
file objections may result in waiver of the right to appeal
questions of fact.
before the Court is a 28 U.S.C. § 2241 Petition for a
Writ of Habeas Corpus filed by Petitioner, Timothy Peel
(“Peel”), a former detainee in the
Craighead County Detention Center (“CCDC”) in
Jonesboro, Arkansas. Doc. 1.
September 28, 2017, Peel filed his pro se §
2241 Petition, in which he alleges that he has been detained
“for more than 70 days in the Craighead County
Jail” without a case number or a court docket number
“from the state.” Doc. 1 at pp.1-2. For
relief, Peel seeks release on “the current [state]
charges . . . due to not having a docket or case
number.” Doc. 1 at p. 8.
October 11, 2017, the Court entered a Show Cause Order
directing Peel to file a Supplemental Habeas Petition by
November 13, 2017. Doc. 3. Peel did not file a
response to the Court's Show Cause Order.
reasons stated below, the Court recommends that Peel's
habeas Petition be dismissed.
reviewing a federal habeas petition, a court may summarily
deny relief “if it plainly appears from the petition
and any attached exhibits that the petitioner is not entitled
to relief.” Rule 4 of the Rules Governing § 2254
Cases in the United States District Courts (applicable to
§ 2241 petitions under Rule 1(b)); 28 U.S.C. §
2243. Additionally, a court “may take judicial notice
of proceedings in other courts of record.” Rodic v.
Thistledown Racing Club, Inc., 615 F.2d 736, 738 (6th
Cir.1980); see also Hood v. United States, 152 F.2d
431 (8th Cir. 1946) (federal district court may take judicial
notice of proceedings from another federal district court).
Court takes judicial notice that Peel is a defendant in a
pending criminal case in the Eastern District of Arkansas,
United States v. Williams, Case No.
4:17-cr-00137-JM-2 (hereinafter, “pending federal
criminal case” or “U.S. v.
Williams”). U.S. v. Williams, Doc.
August 15, 2017, Peel appeared for Plea and Arraignment on
the federal charges. He waived a bond hearing, but reserved
his right to request bond at a later time. Id.,
Docs. 28 & 29. U.S. Marshals then transported
Peel back to the CCDC, where he remained in state custody.
November 15, 2017, Peel filed a Motion for Release from
Detention, in which he represented that: (1) no state charges
remained pending against him; and (2) he was now in a
position to seek an O/R bond on the federal charges.
Id., Doc. 41. The United States Attorney
requested that Peel be detained. On December 6, 2017, the
Court conducted a detention hearing. After considering all of
the evidence, the Court concluded that Peel was entitled to
be released on an O/R bond U.S. v. Williams,
Doc. 47. Thus, Peel is now on pretrial supervision
and awaiting trial in the pending federal criminal case.
Peel is no longer in custody in the CCDC on state criminal
charges, this Court cannot grant “any effectual relief
whatsoever” on his § 2241 habeas Petition.
Calderon v. Moore, 518 U.S. 149, 150 (1996) (per
curiam); see also, Tillisy v. Lappin, 324 Fed.Appx.
543 (8th Cir. 2009) (§ 2241 petition challenging
BOP's denial of request for compassionate release was
moot when the petitioner had been released from custody).
Thus, Peel's request for § 2241 federal habeas
relief is moot.
Peel failed to a Response to the Court's Show Cause
Order, which specifically advised Peel that the consequence
of failing to respond would be the dismissal of his habeas
petition. Doc. 3.