ANDERSON v. WITHERS

Filing 20

ORDER adopting Magistrate Judge's 18 REPORT AND RECOMMENDATION. The amended § 2241 petition for writ of habeas corpus, ECF No. 4 , is DENIED. Petitioner's "Motion to Treat 2241 as a 2255 Motion," ECF No . 15 , is DENIED. Petitioner's "Emergency Request for Immediate Release," ECF No. 6 , is DENIED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by JUDGE M CASEY RODGERS on 09/04/2018. (MB)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

EDWIN MOORE ANDERSON,
Petitioner,
v.

CASE NO. 5:18cv056-MCR/CAS

WITHERS, WARDEN,
FCI MARIANNA,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation of the
U.S. Magistrate Judge dated July 27, 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 determination of any objections timely filed.
Having considered the Report and Recommendation, and any objections
filed thereto, I have determined the Report and Recommendation should be
adopted.
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. The amended § 2241 petition for writ of habeas corpus, ECF No. 4, is
DENIED.
3. Petitioner’s “Motion to Treat 2241 as a 2255 Motion,” ECF No. 15, is
DENIED.
4. Petitioner’s “Emergency Request for Immediate Release,” ECF No. 6, is
DENIED.
5. A certificate of appealability is DENIED and leave to appeal in forma
pauperis is also DENIED.
DONE AND ORDERED this 4th day of September 2018.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE