MARTS v. JONES

Filing 9

ORDER DISMISSING PETITIONER'S § 2241 PETITION - The magistrate judge's report and recommendation (doc. 7 ) is ADOPTED and incorporated by reference into this order of the court. The petitioner's § 2241 p etition for writ of habeas corpus is DISMISSED for lack of subject matter jurisdiction. The clerk is directed to enter judgment stating: "The petitioner's § 2241 petition for writ of habeas corpus is DISMISSED." Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/6/2017. (cle)

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

SIDNEY MARTS,
Petitioner,
v.

4:16cv783–WS/CAS

JULIE JONES, Secretary,
Florida Department of Corrections,
Respondent.

ORDER DISMISSING PETITIONER'S § 2241 PETITION
Before the court is the magistrate judge's report and recommendation (doc.
7) docketed January 10, 2017. The magistrate judge recommends that the
petitioner's § 2241 petition for writ of habeas corpus be dismissed for lack of
jurisdiction. The petitioner has filed objections (doc. 8) to the report and
recommendation.
Having considered the matter in light of the petitioner’s objections, this
court has determined that the report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 7) is ADOPTED

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and incorporated by reference into this order of the court.
2. The petitioner's § 2241 petition for writ of habeas corpus is DISMISSED
for lack of subject matter jurisdiction.
3. The clerk is directed to enter judgment stating: “The petitioner's § 2241
petition for writ of habeas corpus is DISMISSED.”
DONE AND ORDERED this

6th

day of

February

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE