MALLETY v. US DEPARTMENT OF JUSTICE et al
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
CASE NO. 3:17cv730/MCR/CJK
U.S. DEPARTMENT OF JUSTICE, et al.,
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.
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No. 3:17cv730/MCR/CJK
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