HERNANDEZ v. WARDEN
Filing
22
ORDER adopting 18 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 11 , is GRANTED. Petition for writ of habeas corpus filed by Walter Hernandez, Sr., pursuant to 28 U.S.C. § 2241 is DISMISSED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 02/23/2018. (MB)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
WALTER HERNANDEZ, SR.,
Petitioner,
v.
CASE NO. 5:17cv25-MCR/CAS
WARDEN, FCI MARIANNA,
Respondent.
__
/
ORDER
This matter is before the Court on the Report and Recommendation of the
U.S. Magistrate Judge dated January 25, 2018. ECF No. 18. The parties have
been furnished a copy of the Report and Recommendation and have been afforded
an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). I have made a de
novo review of any timely filed objections.
Having considered the Report and Recommendation, and any objections
filed thereto, I have determined the Report and Recommendation should be
adopted.
Case No. 5:17cv025-MCR/CAS
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Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation, ECF No. 18, is adopted and
incorporated by reference in this Order.
2. Respondent’s motion to dismiss, ECF No. 11, is GRANTED.
3. The petition for writ of habeas corpus filed by Walter Hernandez, Sr.,
pursuant to 28 U.S.C. § 2241 is DISMISSED.
4. A certificate of appealability is DENIED and leave to appeal in forma
pauperis is also DENIED.
DONE AND ORDERED this 23rd day of February 2018.
M. Casey Rodgers
s/
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No. 5:17cv025-MCR/CAS
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