PHANOL v. LYNCH et al

Filing 7

ORDER ACCEPTING AND ADOPTING 5 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "The motion to reopen and request for stay of deportation, construed as a § 2241 habeas petition, and the motion for post-conviction relief, ECF No. 3 , are DENIED for lack of jurisdiction, and this case is DISMISSED." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 1/13/2017. (tdl)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
EMILIEN PHANOL,
A# 200-353-002,
Petitioner,
v.

Case No. 4:16cv615-MW/CAS

LORETTA LYNCH, et al.,
Respondents.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 5. Upon consideration, no objections having
been filed by the parties,1
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Clerk shall enter judgment stating, “The motion to reopen and
request for stay of deportation, construed as a § 2241 habeas petition, and the
motion for post-conviction relief, ECF No. 3, are DENIED for lack of jurisdiction,

1

This Court notes Petitioner has failed to keep the Clerk advised of his current address.

1

and this case is DISMISSED.” The Clerk shall close the file.
SO ORDERED on January 13, 2017.
s/Mark E. Walker
____
United States District Judge

2