SMITH v. UNITED STATES OF AMERICA

Filing 6

ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS - The magistrate judge's 5 report and recommendation is ADOPTED and incorporated by reference into this order of the court. The petitioner's p etition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (doc. 1 ) is hereby DISMISSED for lack of jurisdiction. The clerk is directed to enter judgment stating: "All claims are DISMISSED for lack of jurisdiction." Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/22/2014. (tdl)

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

CARLTON WAYNE SMITH,
Petitioner,
v.

4:14cv404-WS

UNITED STATES OF AMERICA,
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT, MIAMI DIVISION,
Respondents.

ORDER DISMISSING PETITIONER'S
PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation
docketed September 19, 2014. See Doc. 5. The magistrate judge recommends
that the petitioner's petition for writ of habeas corpus be dismissed for lack of
jurisdiction. No objections to the report and recommendation have been filed.
Having considered the report and recommendation, 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

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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 for lack of jurisdiction.
3. The clerk is directed to enter judgment stating: "All claims are
DISMISSED for lack of jurisdiction."
DONE AND ORDERED this

22nd

day of

October

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:14cv404-WS