Jeelle v. US Attorney General et al

Filing 11

ORDER Adopting 10 Report and Recommendations. Closing Case. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-24441-CIV-GAYLES/WHITE MUSTAPHA ADAN JEELLE, Petitioner, v. LORETTA E. LYNCH, et al., Respondents. / ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE comes before the Court on Magistrate Judge Patrick A. White’s Report of Magistrate Judge (“Report”) [ECF No. 10]. On October 21, 2016, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] (the “Petition”). The matter was referred to Judge White, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 3]. Judge White’s Report recommends that the petition be dismissed as moot as Petitioner has already been released from custody. Petitioner has not filed objections to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). The Court agrees with Judge White’s well-reasoned analysis and finds no clear error with his recommendations. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Judge White’s Report and Recommendation [ECF No. 10] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) This action [ECF No. 1] is DISMISSED as moot; and (3) this case is CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 31st day of December, 2016. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE 2

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