WARD v. SULSBERRY

Filing 7

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. 6 , is accepted and adopted as this Court's opinion. Petitioner's 28 U.S.C. § 2241 petition, ECF No. 2 , is DISMISS ED without prejudice. The Clerk shall enter judgment stating, "Petitioner's 28 U.S.C. § 2241 petition, ECF No. 2 , is DISMISSED without prejudice under Federal Rule of Civil Procedure 41(b)." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 8/28/24. (sjb)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION BRANDY LEE WARD, Petitioner, v. Case No.: 4:24cv217-MW/MAL WARDEN SULSBERRY, ACTING WARDEN, F.C.I. TALLAHASSEE., Respondent. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge’s Report and Recommendation. ECF No. 6. The Magistrate Judge recommends that Petitioner’s 28 U.S.C. § 2241 petition be dismissed because Petitioner failed to comply with two orders from this Court. See id. This Court has independently verified that the Magistrate Judge’s Report and Recommendation has not been returned as undeliverable. Accordingly, upon consideration, no objections having been filed by the parties, IT IS ORDERED: 1. The report and recommendation, ECF No. 6, is accepted and adopted as this Court’s opinion. 2. Petitioner’s 28 U.S.C. § 2241 petition, ECF No. 2, is DISMISSED without prejudice. 3. The Clerk shall enter judgment stating, “Petitioner’s 28 U.S.C. § 2241 petition, ECF No. 2, is DISMISSED without prejudice under Federal Rule of Civil Procedure 41(b).” 4. The Clerk shall close the file. SO ORDERED on August 28, 2024. s/Mark E. Walker Chief United States District Judge 2

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