Oliver v. McNeal

Filing 10

ORDER adopting Magistrate's Report 9 and Closing Case. Signed by Judge Jose E. Martinez on 4/29/2009. (lc1)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number:08-21465-CIV-MARTINEZ-WHITE EVERETT OLIVER, Petitioner, vs. WALTER A. MCNEIL, Respondent. _____________________________________/ ORDER ADOPTING MAGISTRATE JUDGE WHITE'S REPORT AND CLOSING CASE THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report on Petitioner's pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Magistrate Judge White filed a Report, recommending that Petitioner's petition be dismissed pursuant to Federal Rule of Civil Procedure 12(h)(3) for want of jurisdiction and in the alternative, that the petition be denied. The Court has reviewed the entire file and record and notes that no objections have been filed. After careful consideration, it is hereby: ADJUDGED that United States Magistrate Judge White's Report (D.E. No. 9) is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that 1. Petitioner's petition for writ of habeas corpus is dismissed with prejudice pursuant

to Federal Rule of Civil Procedure 12(h)(3) and in the alternative, the petition is denied. 2. This Case is CLOSED, and all pending motions are DENIED as MOOT.

DONE AND ORDERED in Chambers at Miami, Florida, this 29 day of April, 2009. ____________________________________ JOSE E. MARTINEZ UNITED STATES DISTRICT JUDGE Copies provided to: Magistrate Judge White All Counsel of Record Everett Oliver