BARBER v. UNITED STATES OF AMERICA

Filing 8

ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS ADOPTING 3 REPORT AND RECOMMENDATION; denying 4 MOTION for Extension of Time to Amend. Signed by SENIOR JUDGE WILLIAM STAFFORD on 4/30/2013. The clerk is directed to enter judgment stating: "All claims are DISMISSED without prejudice." (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

UNITED STATES OF AMERICA,
v.

1:13cv62-WS

EARL JEFFERY BARBER,
Defendant.

ORDER DISMISSING PETITIONER'S
PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation docketed
March 27, 2013. See Doc. 3. The magistrate judge recommends that the petitioner's
petition for writ of habeas corpus be dismissed. The defendant has filed objections
(doc. 5) to the report and recommendation.
Having carefully considered the report and recommendation in light of the
defendant's objections, this court has determined that the report and recommendation
should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation is ADOPTED and
incorporated by reference into this order of the court.
2. The petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241 (doc. 1) is hereby DISMISSED.
4. The clerk is directed to enter judgment stating: "All claims are DISMISSED

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without prejudice."
5. The defendant's motion to amend (doc. 4) is DENIED.
DONE AND ORDERED this

30th

day of

April

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 1:13cv62-WS