NERI-VEGA v. UNITED STATES OF AMERICA

Filing 22

ORDER adopting the magistrate judge's 19 Report and Recommendation. The 15 Amended Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction, as petitioner has not demonstrated entitlement to proceed under § 2241. The clerk is directed to close the case. Signed by SENIOR JUDGE LACEY A COLLIER on 8/27/2013. (djb)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JUAN MARTIN NERI-VEGA,
Petitioner,
vs.

CASE NO. 5:13cv113-LC/CJK

UNITED STATES OF AMERICA,
Respondent.
_____________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated July 18, 2013. (Doc. 19). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to
file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have
made a de novo determination of any objections filed.
Having considered the Report and Recommendation, and any timely filed
objections thereto, I have determined that the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.
2.

The amended petition for writ of habeas corpus filed under to 28 U.S.C.

§ 2241 (doc. 1) is DISMISSED for lack of jurisdiction, as petitioner has not
demonstrated entitlement to proceed under § 2241.

3.

The clerk is directed to close the file.

DONE AND ORDERED this 27th day of August, 2013.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE