Espinoza-Garcia v. Johns
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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OSCAR OSVALDO ESPINOZA-GARCIA,
CIVIL ACTION NO.: 5:15-cv-62
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
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
ISA GODBB¥-W©eD, JUDGE
STATES DISTRICT COURT
UTHERN DISTRICT OF GEORGIA
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