Aburto v. Johns

Filing 9

ORDER ADOPTING 7 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DISMISSES Aburto's Petition for Writ of Habeas Corpus, and DENIES Aburto leave to appeal in forma pauperis. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 11/16/2016. (ca)

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3n tl^e States; Bisitrttt Cottit :lfor t^t ^ontlb^ni Btsitrtct of 4^eorgto Wapctofisi SBibtOton ALBARO OCHOA ABURTO, Petitioner, CIVIL ACTION NO.: 5:16-cv-76 V. TRACY JOHNS, Warden, Respondent. ORDER Presently before the Court is the Magistrate Judge's October 26, 2016, Report and Recommendation, (dkt. no. 7), to which Petitioner Albaro Aburto (^"Aburto") failed to file 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 Aburto's Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241, without prejudice for Aburto's failure to follow this Court's Orders and failure to prosecute this case and DENIES Aburto leave to appeal in forma pauperis. A0 72A (Rev. 8/82) The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this | ^2 day of lisa/god6ey wood\™ief judge UNITED /States dist^ct court SOUTHERN DISTRICT OF GEORGIA AO 72A (Rev. 8/82) / 2016

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