United States District Court, S.D. Mississippi, Southern Division
ORDER ADOPTING MAGISTRATE JUDGE'S  REPORT AND
RECOMMENDATION, GRANTING RESPONDENT'S  MOTION TO
DISMISS, AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE
matter comes before the Court on the Report and
Recommendation  of United States Magistrate Judge John C.
Gargiulo, entered in this case on January 8, 2018, and the
Motion to Dismiss  filed by Respondent Beverly McGill on
June 1, 2017. The Magistrate Judge recommended that
Respondent's Motion to Dismiss  be granted, and that
Petitioner Robert Emmett Hellmers, III's Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 be
dismissed as moot and for failure to prosecute and obey the
Court's Orders. R. & R.  at 6.
due consideration of the Report and Recommendation , the
record, and relevant legal authority, the Court finds that
the Magistrate Judge's Report and Recommendation 
should be adopted, and that Respondent's Motion to
Dismiss  should be granted. Petitioner's Petition for
Writ of Habeas Corpus should be dismissed as moot and for
failure to prosecute and obey the Court's Orders.
20, 2016, Petitioner Robert Emmett Hellmers, III
(“Petitioner”) was indicted by a grand jury in
Pearl River County, Mississippi, on four counts of possession
of a weapon by a convicted felon. Indictment [12-1] at 1-2.
On September 2, 2016, the grand jury returned another
indictment charging Petitioner with four counts of possession
of a controlled substance with intent to distribute.
Indictment [12-3] at 1-2.
April 25, 2017, the Circuit Court of Pearl River County,
Mississippi, accepted a misdemeanor guilty plea in both
criminal cases. In the first case, Petitioner pleaded guilty
to disturbing the peace, and in the second, he pleaded guilty
to misdemeanor possession of a controlled substance. Order
[12-2] at 1-2; Order [12-4] at 1-2. On each charge,
Petitioner was sentenced to serve six months in the Pearl
River County Jail, said sentences suspended pending
successful completion of certain conditions. Order [12-2] at
1-2; Order [12-4] at 1-2.
about May 9, 2016, Petitioner filed a Complaint pursuant to
42 U.S.C. § 1983 in a separate civil action in this
Court. See Hellmers v. Pearl River Cty. Sheriff's
Dep't, 1:16-cv-157-HSO-JCG (S.D.Miss. May 9, 2016).
On March 30, 2017, the Court severed Petitioner's habeas
claims from that case and ordered the Clerk of Court to open
the instant 28 U.S.C. § 2241 civil action as of the date
of that Order.
April 4, 2017, the Magistrate Judge ordered Petitioner to
complete a form to file a petition for habeas relief pursuant
to 28 U.S.C. § 2241. Order  at 2. In the completed
Petition , executed on April 23, 2017, Petitioner asserted
that his right to a speedy trial had been violated because he
had been in jail for almost 16 months without having a trial.
Pet.  at 6-9. Petitioner sought “dissmisal [sic] and
compensation.” Id. at 8.
1, 2017, Respondent filed a Motion to Dismiss  taking the
position that this action should be dismissed as moot. Mot.
to Dismiss  at 3. Respondent argued that because
Petitioner entered pleas as to the charges against him, he is
no longer a pretrial detainee under 28 U.S.C. § 2241.
According to Respondent, there are no charges pending against
Petitioner in the Pearl River County Circuit Court.
Id. at 2. To the extent Petitioner requested he be
given a speedy trial, Respondent maintained that such was no
longer an issue subject to review by the Court in light of
Petitioner's guilty plea in each case, which waived all
non-jurisdictional defects in the proceedings preceding those
pleas. Id. at 2-3.
did not respond to Respondent's Motion to Dismiss .
On August 7, 2017, the Magistrate Judge entered an Order to
Show Cause , which required Petitioner to respond to the
Motion  by September 7, 2017. Order  at 1. The
Magistrate Judge warned Petitioner that if he failed
“to timely file a response, this case will be subject
to dismissal for failure to prosecute.” Id.
Petitioner did not respond to the Order , and has not
filed anything in this case since his Petition  and Motion
for Leave to Proceed In Forma Pauperis  were
docketed by the Clerk nearly ten months ago, on April 25,
January 8, 2018, the Magistrate Judge entered a Report and
Recommendation  recommending that Respondent's Motion
to Dismiss  be granted and that the Petition be dismissed
as moot and for failure to prosecute and obey the Court's
Orders. R. & R.  at 6. A copy of the Report and
Recommendation  was mailed to Petitioner at his address
of record on January 8, 2018. ...