Rodriguez v. Rivera

Filing 18

ORDER adopting 17 Recommendation with two material corrections. First, Rodriguez was sentenced in the state case of 25 July 2008, not 13 February 2008. Second, the quote at the bottom of page five should begin "Pursuant to the doctrine of pr imary jurisdiction, service of a federal sentence generally commences when the United States takes primary jurisdiction and a prisoner is presented to serve his federal sentence, not when the United States merely takes physical custody of a prisoner who is subject to another sovereign's primary jurisdiction." Rodriguez's petition will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 2/23/2016. (jak)

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