IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

GILBERT EUGENE PERRY, §

§

Petitioner, §

§

v. § 2:22-CV-203-Z-BR

§

DIRECTOR, §

Texas Department of Criminal Justice, §

Correctional Institutions Division, et al., §

§

Respondents. §

FINDINGS, CONCLUSIONS AND RECOMMENDATION

TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS

On October 19, 2022, Petitioner Gilbert Eugene Perry tendered to the Clerk a pleading 

attempting to initiate a civil rights cause pursuant to 42 U.S.C. § 1983. (ECF 3). After reviewing the 

allegations and requested relief, the Court redesignated the matter a Petition for Writ of Habeas 

Corpus pursuant to 28 U.S.C. § 2241. (ECF 4). 

Petitioner sought release from the Potter County Jail, alleging he had completed a sentence 

imposed by the 108th District Court of Potter County, Texas for Enhanced Assault Family Violence 

charges. (ECF 5 at 1). In light of that allegation, the Court ordered expedited answers from the 

Director of the Texas Department of Criminal Justice – Correctional Institutions Division and Potter 

County Sheriff Brian Thomas. (Id.). 

While Respondents assert a failure by Petitioner to exhaust his state court remedies, (ECF 8 

at 3; ECF 9 at 2), both acknowledge that Petitioner has since been discharged from custody on the 

Potter County charges and the case is now moot. (ECF 8 at 2; ECF 9 at 3–4). 

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Although Perry remains on parole for unrelated charges, (ECF 8 at 2), he has been released 

from custody on the matter which underlies his Petition, the precise relief he seeks. (ECF 3 at 3). The 

matter is, therefore, moot. 

RECOMMENDATION

It is the RECOMMENDATION of the United States Magistrate Judge to the United States 

District Judge that the Petition for a Writ of Habeas Corpus filed by Petitioner GILBERT EUGENE 

PERRY be DISMISSED AS MOOT.

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a file marked copy of the Findings, Conclusions 

and Recommendation to petitioner and to each attorney of record by the most efficient means 

available.

IT IS SO RECOMMENDED. 

ENTERED November 10, 2022.

* NOTICE OF RIGHT TO OBJECT *

Any party may object to these proposed findings, conclusions and recommendation. 

In the event parties wish to object, they are hereby NOTIFIED that the deadline for filing 

objections is fourteen (14) days from the date of filing as indicated by the “entered” date directly 

above the signature line. Service is complete upon mailing, Fed. R. Civ. P. 5(b)(2)(C), or 

transmission by electronic means, Fed. R. Civ. P. 5(b)(2)(E). Any objections must be filed 

on or before the fourteenth (14th) day after this recommendation is filed as indicated by 

the “entered” date. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 

6(d).

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Any such objections shall be made in a written pleading entitled “Objections to the 

Findings, Conclusions and Recommendation.” Objecting parties shall file the written 

objections with the United States District Clerk and serve a copy of such objections on all other 

parties. A party’s failure to timely file written objections to the proposed findings, 

conclusions, and recommendation contained in this report shall bar an aggrieved party, except 

upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual 

findings, legal conclusions, and recommendation set forth by the Magistrate Judge in this report 

and accepted by the district court. See Douglass v. United Services Auto. Ass’n, 79 F.3d 1415, 

1428-29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 

636(b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th 

Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).

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