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).

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