Aguilar-Mendoza v. Rathman

Filing 10

ORDER ADOPTING the Magistrate Judge's 8 REPORT AND RECOMMENDATION and the 1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 is hereby DENIED and DISMISSED WITHOUT PREJUDICE. Signed by Judge James H Hancock on 7/23/2013. (JLC)

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FILED 2013 Jul-23 AM 10:51 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION MARIO AGUILAR-MENDOZA, Petitioner, vs. WARDEN JOHN RATHMAN, Respondent. ) ) ) ) ) ) ) ) ) Case No. 1:13-cv-188-JHH-TMP ORDER On July 1, 2013, the magistrate judge filed his report and recommendation in the abovestyled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2241 be denied and dismissed. To date, no objections have been filed by either party. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be and the same is hereby DENIED and DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to send a copy of this Order to the petitioner and to counsel for the Government. DONE this the 23rd day of July, 2013. SENIOR UNITED STATES DISTRICT JUDGE

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