NOEL v. WHIDDON et al

Filing 19

ORDER ACCEPTING AND ADOPTING 19 REPORT AND RECOMMENDATION. The amended §2241 petition filed by Mozart Emmanuel Noel, ECF No. 15 , is DISMISSED as prematurely filed, Petitioner having failed to demonstrate that he was entitl ed to relief pursuant to Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491, 150 L.Ed 2d 653 (2001), and because mandatory detention without a bond hearing is authorized under §1226(c) and Demore v. Kim, 538 U.S. 510, 513, 123 S.Ct. 1708, 1712 (2003). Signed by JUDGE MARK E WALKER on 8/8/2013. (pll)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MOZART NOEL,
Petitioner,
v.

CASE NO. 4:13-cv-249-MW/CAS

SHERIFF CHARLES CREEL,
Respondent.
______________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION

The Court has considered the Magistrate’s Report and Recommendation,
ECF No.17, filed July 8, 2013. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the Court’s
opinion. The Clerk shall enter judgment stating, “The amended §2241 petition
filed by Mozart Emmanuel Noel, ECF No. 15, is DISMISSED as prematurely
filed, Petitioner having failed to demonstrate that he was entitled to relief pursuant
to Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491, 150 L.Ed 2d 653 (2001), and

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because mandatory detention without a bond hearing is authorized under §1226(c)
and Demore v. Kim, 538 U.S. 510, 513, 123 S.Ct. 1708, 1712 (2003).”
The Court would note that Petitioner has failed to keep the Court informed
of his location as evidenced by returned mail to the Clerk.
The Clerk shall close the file.

SO ORDERED on August 8, 2013.
s/Mark E. Walker
United States District Judge

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