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Burke v. Harrington

United States District Court, Seventh Circuit

October 11, 2013

CALVIN BURKE, Petitioner,
v.
RICHARD HARRINGTON, Respondent.

REPORT AND RECOMMENDATION

PHILIP M. FRAZIER, Magistrate Judge.

Before the Court is Petitioner Calvin Burke's petition for a writ of habeas corpus (Doc. 1) filed pursuant to 28 U.S.C. § 2254. Respondent Richard Harrington has filed a motion to dismiss as moot (Doc. 17) based on the fact that Burke was only challenging his 2012 mandatory supervised release ("MSR") revocation (not the underlying convictions), and the MSR has been completely discharged as of July 22, 2013. Respondent has cited controlling caselaw indicating that dismissal is appropriate under these circumstances. See Doc. 17 at 2 ¶ 5 (citing Spencer v. Kemna, 523 U.S. 1, 7, 14 (1998)). Burke has failed to file a response to the (Doc. 17) motion to dismiss in the applicable response window. Accordingly, it is recommended that the (Doc.17) motion to dismiss be granted and that Calvin Burke's petition for a writ of habeas corpus (Doc. 1) be denied.

SO RECOMMENDED.


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