BURGESS v. AUGUSTINE

Filing 17

ORDER ON 13 REPORT AND RECOMMENDATION Pursuant to 28 U.S.C. §636(b)(1)(A), reconsideration of the Magistrate Judge's denial of Pet's Motion for Sanctions 10 is denied because Petition has not shown that the Magis trate Judge's Order is clearly erroneous or contrary to law. The Amended Petition for Writ of Habeas Corpus filed pursuant to 8 U.S.C § 2241 4 is denied & is dismissed w/o prejudice. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 7/18/2011. (sea)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
ALBERT C. BURGESS, JR.,
Plaintiff,
vs.

CASE NO. 5:11-cv-64/RS-CJK

PAIGE AUGESTINE, Warden
of Marianna FCI,
Defendant.
_________________________________________/
ORDER
U

Before me are the Magistrate Judge’s Report and Recommendation (Doc. 13) and
Petitioner’s Notice of Appeal to Denial of Motion for Sanctions; Objection to R&R of the
Magistrate (Doc. 16). I have considered Petitioner’s objections de novo.
IT IS ORDERED:
1. Pursuant to 28 U.S.C. §636(b)(1)(A), reconsideration of the Magistrate Judge’s
denial of Petitioner’s Motion for Sanctions (Doc. 10) is denied because Petition
has not shown that the Magistrate Judge’s Order is clearly erroneous or contrary to
law.
2. The Amended Petition for Writ of Habeas Corpus filed pursuant to 8 U.S.C § 2241
(Doc. 4) is denied and is dismissed without prejudice.
3. The clerk is directed to close the file.

ORDERED on July 18, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE