Jerez-Toco v. Samuels et al

Filing 6

ORDER ADOPTING 2 Report and Recommendations of the Magistrate Judge. The Court DISMISSES Jerez-Toco's Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241. 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 12/14/2016. (ca)

^tt tl^e Mniteti ^tateie( Bisitrtct Court
:ifor tl^e ^otttl^em IBtsitrtct of 4leorsta
^opcroosc IBtiitoton
NERY ROLANDO JEREZ-TOCO,
Petitioner,

CIVIL ACTION NO.: 5:16-cv-91

CHARLES SAMUELS; WARDEN TRACY
JOHNS; and GEORGE ZOLEY,

Respondents.
ORDER

After an independent and de novo review of the entire

record, the undersigned concurs with the Magistrate Judge's
Report and Recommendation, (dkt. no. 2),to which Petitioner Nery
Rolando Jerez-Toco {"Jerez-Toco") failed to file any Objections.
Accordingly, the Court DISMISSES Jerez-Toco's Petition for

Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241.

The

Court DIRECTS the Clerk of Court to enter the appropriate
judgment of dismissal and to CLOSE this case.

The Court DENIES

Jerez-Toco leave to proceed in forma pauperis on appeal.
The Court also DISMISSES as moot Jerez-Toco's Complaint,

(dkt. no. 4), and Motion for Leave to Proceed in Forma Pauperis,
(dkt. no. 5), both of which he filed after the time to file

A0 72A

(Rev. 8/82)

Objections to the Magistrate Judge's Report and Recommendation

expired.

Jerez-Toco must re-submit his Complaint and pay the

requisite filing fee or re-file his Motion for Leave to Proceed
in Forma Pauperis before pursing his claims via an alternative
cause of action.^

SO ORDERED, this

/ 2016.

:SA gODBEY WOOD, CHIEF JUDGE
STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

The Court offers no opinion as to the efficacy of such a pursuit