HIMKO v. ENGLISH

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION granting 11 Motion to Dismiss without prejudice to Petitioner's brining his claim in a civil rights action; re 17 Report and Recommendation. Signed by JUDGE MARK E WALKER on 1/4/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

BRANDON L HIMKO,
Petitioner,
CASE NO. 5:16-cv-00035-MP-EMT

v.

N C ENGLISH,
Respondent.
_____________________________/
ORDER

This cause comes on for consideration upon the Magistrate Judge's
Report and Recommendation dated December 5, 2016. ECF No. 17. 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). Petitioner has filed objections at ECF
No. 18. I have made a de novo review based on those objections. Having
considered the Report and Recommendation, and the timely filed objections, I
have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.
2.

The Magistrate Judge’s Report and Recommendation, ECF No.
17, is adopted and incorporated by reference in this order.
The clerk is directed to enter the following judgment:
“Respondent’s Motion to Dismiss ECF No. 11, is GRANTED. The

Page 2 of 2 

petition for writ of habeas corpus under 28 U.S.C. § 2241, ECF
No. 1, is DISMISSED WITHOUT PREJUDICE to Petitioner’s
bringing his claims in a civil rights action.”
3.

The clerk is directed to close the file.

SO ORDERED on January 4, 2017.
s/Mark E. Walker
United States District Judge

Case No: 5:16‐cv‐00035‐MP‐EMT