Rivera-Lebron v. Haynes et al

Filing 17

ORDER ADOPTING 9 the Magistrate Judge's Report and Recommendations; Petitioner's Objections are without merit and are overruled. Respondent's Motion to Dismiss is GRANTED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 11/30/2011. (csr)

FL L

IN THE UNITED STATES DISTRIItJf PM 2:03
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISIQER—_ L—So. DST. OF GA.

ESTEBAN RIVERA-LEBRON,
Petitioner,
V.

CIVIL ACTION NO.: CV211-073

ANTHONY HAYNES, Warden;
FEDERAL BUREAU OF PRISONS,
and UNITED STATES ATTORNEY
GENERAL'S OFFICE,
Respondents
ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Petitioner Esteban Rivera-Lebron ("Petitioner")
asserts that the United States Attorney should not have been served with his petition, as
the Magistrate Judge concluded that the United States Attorney is an improper
respondent. Petitioner also asserts that he did not receive notice from the Government
during his criminal prosecution that it was seeking a sentence enhancement based on
his status as a career offender.
Petitioner's Objections are without merit and are overruled. The Magistrate
Judge's Report and Recommendation is adopted as the opinion of the Court.
Respondents' Motion to Dismiss is GRANTED. Petitioner's petition, filed pursuant to 28
AO 72A
(Rev. 8182)

U.S.C. § 2241, is DISMISSED. The Clerk of Court is directed to enter the appropriate
judgment of dismissal.
SO ORDERED, this

day of

2011.

LI GOLEY WOOD, CHIEF JUDGE
UNED d TATES DISTRICT COURT
SOLtH'RN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)