OBOJES v. STATE OF FLORIDA DEPARTMENT OF CORRECTIONS

Filing 18

ORDER adopting 15 Report and Recommendation; 1 Petition for Writ of Habeas Corpus filed under 28 U.S.C. §2241 is dismissed pursuant to Rule 4, Rules Governing Section 2254 Cases, and 28 U.S.C. §2243. Dismissal is without prejudice pursuant to 42 U.S.C. §1983; 10 Plaintiff Motion for Preliminary Injunctive Relief is denied as moot; The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 11/18/09. (jem)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

ANDREAS OBOJES, Plaintiff, vs. STATE OF FLORIDA and FLORIDA DEPARTMENT OF CORRECTIONS, Defendants. ________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 15) and Plaintiff's Objection To Proposed Findings and Recommendation (Doc. 17). I have reviewed Plaintiff's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. The Petition for Writ of Habeas Corpus filed under 28 U.S.C. §2241 (Doc. 1) is dismissed pursuant to Rule 4, Rules Governing Section 2254 Cases, and 28 U.S.C. §2243. Dismissal is without prejudice to refiling pursuant to 42 U.S.C. §1983. 3. Plaintiff Motion for Preliminary Injunctive Relief (Doc. 10) is denied as moot. CASE NO. 5:09cv194/RS-EMT

4.

The clerk is directed to close the file.

ORDERED on November 18, 2009.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE