HECHEVARRIA v. PEARSON

Filing 9

ORDER ADOPTING the 8 Report and Recommendation: The petitioner's amended petition for writ of habeas corpus filed under 28 U.S.C. § 2241 (doc. 7 ) is DISMISSED with prejudice as petitioner has not demonstrated entitlement to proceed under that section, and that treated as a § 2255 motion the petition is summarily dismissed as untimely. Signed by SENIOR JUDGE LACEY A COLLIER on 12/14/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION RICARDO HECHEVARRIA, Petitioner, vs. 3:09cv368/LAC/MD BRUCE PEARSON, WARDEN, Respondent. _____________________________________________________________________ ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on November 9, 2009, pursuant to 28 U.S.C. 636(b)(1)(B), if any, the Recommendation is adopted as the opinion of the Court. No objections have been filed. Accordingly, it is now ORDERED as follows: 1. The petitioner's amended petition for writ of habeas corpus filed under 28 U.S.C. 2241 (doc. 7) is DISMISSED with prejudice as petitioner has not demonstrated entitlement to proceed under that section, and that treated as a 2255 motion the petition is summarily dismissed as untimely. DONE AND ORDERED this 14th day of December, 2009. s /L .A . Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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