Espinoza-Garcia v. Johns

Filing 25

ORDER ADOPTING 23 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DISMISSES Petitioner's Petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. The Court DENIES Petitioner leave to appeal in forma pauperis. The Court DENIES Petitioner's 24 Motion to Stay. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 12/5/2017. (ca)

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t|ie Mmteb States! litsitirtct Conrt :lfor ^outfieni ^tsstntt ot(fleorsta ^apcrosis( IBttiisiton OSCAR OSVALDO ESPINOZA-GARCIA, Petitioner, CIVIL ACTION NO.: 5:15-cv-62 V. TRACY JOHNS,Warden, Respondent. ORDER Presently before the Court is the Magistrate Judge's August 31, 2017, Report and Recommendation, dkt. no. 23, to which the parties have not filed Objections.^ After an independent and de novo review of the entire record, the Court CONCURS with the Magistrate Judge, and ADOPTS the Report and Recommendation as the opinion of the Court. Consequently, the Court DISMISSES Petitioner's Petition for writ of habeas corpus, filed pursuant ^ The Court DENIES Petitioner's Motion to Stay. Dkt. No. 24. In this Motion, Petitioner requests that the Court stay this matter for an indefinite period of time so that he may file Objections to the Report and Recommendation. Id. Petitioner states that he has been transferred to Special Housing Unit at FCI Gilmer and that he does not have adequate access to a law library. Id. However, Petitioner fails to explain what materials he needs to consult to craft his Objections. Indeed, he does not state what point of law he seeks to object to or otherwise take any issue with the Magistrate Judge's Report and Recommendation. Moreover, this Court has already held the Report and Recommendation for three months from its issuance. The Court cannot place this case in an indefinite hold, particularly given the lack of good cause shown by Petitioner. to 28 U.S.C. § 2241. Additionally, the Court DENIES Petitioner leave to appeal in forma pauperis, The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this ^ of ISA GODBB¥-W©eD, JUDGE STATES DISTRICT COURT UTHERN DISTRICT OF GEORGIA A0 72A (Rev. 8/82) / 2017.

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