ADAN v. DOE

Filing 5

ORDER adopting 4 Report and Recommendations and dismissing 1 Motion to Vacate. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/13/2024 (vs) Modified on 5/13/2024 to re-number docket entry number (tlf).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION SALEEBAN ISSE ADAN, Petitioner, CIVIL ACTION NO. 5:24-cv-00115-TES-CHW v. JOHN OR JANE DOE, Respondent. ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATION Before the Court is the United States Magistrate Judge’s Recommendation to Dismiss [Doc. 4] Petitioner Saleeban Isse Adan’s Motion to Vacate, Set Aside, or Correct a Sentence [Doc. 1], which Petitioner filed pursuant to 28 U.S.C. § 2255. Petitioner did not file an objection to the Recommendation within the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C), so the Court reviews the Recommendation for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed. R. Civ. P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the magistrate judge’s Recommendation [Doc. 4] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court DISMISSES Petitioner’s Motion [Doc. 1]. Because Petitioner already has an open Section 2255 action in this Court, the Court need not construe this filing as a habeas petition, and Petitioner will not be prejudiced by this dismissal. Adan v. American White Government, 3:24-cv-8-CDL-CHW; see Gunn v. Newsome, 881 F.2d 949, 961 (11th Cir. 1989). SO ORDERED, this 13th day of May, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT 2

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