MALLETY v. US DEPARTMENT OF JUSTICE et al

Filing 5

ORDER ADOPTING the Magistrate Judge's 3 Report and Recommendation. The petition for writ of habeas corpus filed under 28 U.S.C. § 2241 is DISMISSED for lack of jurisdiction, as petitioner has not demonstrated entitlement to proceed under § 2241. Signed by CHIEF JUDGE M CASEY RODGERS on 11/16/2017. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

ERNEST MALLETY,
Petitioner,
v.

CASE NO. 3:17cv730/MCR/CJK

U.S. DEPARTMENT OF JUSTICE, et al.,
Respondents.
____________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated October 13, 2017. ECF No. 3. Petitioner has been
furnished a copy of the Report and Recommendation and has been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of those portions to which an
objection has been made.
Having considered the Report and Recommendation and all objections
thereto timely filed, I have determined that the Report and Recommendation
should be adopted.

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Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation, ECF No. 3, is
adopted and incorporated by reference in this Order.
2. The petition for writ of habeas corpus filed under 28 U.S.C. § 2241, ECF
No. 1, is DISMISSED for lack of jurisdiction, as petitioner has not demonstrated
entitlement to proceed under § 2241.
3. The clerk is directed to close the file.
DONE AND ORDERED this 16th day of November 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:17cv730/MCR/CJK