Olivares-Calixto v. Department of Homeland Security

Filing 8

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/11/2017. (KBB)

FILED
2017 Dec-11 AM 09:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

ERIK OLIVARES-CALIXTO,
Petitioner,

v.
DEPARTMENT OF HOMELAND
SECURITY,
Respondent.

)
)
)
)
)
)
)
)
)

Civil Action Number
4:17-cv-00741-AKK-SGC

MEMORANDUM OPINION

This is a pro se petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 by Erik Olivares-Calixto, a Mexican citizen detained at Etowah
County Detention Center pursuant to an Order of Removal. Doc. 1. On November
3, 2017, the magistrate judge entered a report recommending the petition be
dismissed as premature. Doc. 7. The report and recommendation informed
Olivares-Calixto of his right to file objections within fourteen calendar days. Id. at
5-6. The time to object has expired, and Olivares-Calixto has not filed objections
or otherwise responded.
After careful consideration of the record in this case, the court ADOPTS the
report of the magistrate judge and ACCEPTS her recommendations. Accordingly,
this matter is due to be dismissed without prejudice as premature.
A separate order will be entered.
DONE the 11th day of December, 2017.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2