Placide v. Holder et al

Filing 8

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court hereby ADOPTS Judge Robertsons Report and Recommendation (Dkt. No. 6 ). Based upon this, Petitioners Motion for Leave to Proceed In Forma Pauperis ( Dkt. No. 2 ) is hereby DENIED, without prejudice, and the petition is ordered DISMISSED, without prejudice to its refiling if and when the necessary time has elapsed. This case may now be closed. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
EDDY PLACIDE,
Petitioner
v.
ATTORNEY GENERAL ERIC HOLDER,
ET AL.,
Respondents.

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C.A. No. 15-cv-30035-MAP

MEMORANDUM AND ORDER RE:
REPORT AND RECOMMENDATION REGARDING PETITIONER’S
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
AND FURTHER RECOMMENDATION FOR SUMMARY DISMISSAL
(Dkt. Nos. 2 & 6)
March 31, 2015
PONSOR, U.S.D.J.
On March 6, 2015, Magistrate Judge Katharine A.
Robertson issued a Report and Recommendation, to the effect
that Petitioner’s Motion for Leave to Proceed In Forma
Pauperis should be denied, without prejudice, and further
that his Petition for Habeas Corpus Pursuant to 28 U.S.C. §
2241 should be dismissed.

The conclusion of the Report and

Recommendation admonished the parties at n. 4 that
objections to the Report and Recommendation must be filed
within fourteen days.

No objection has been filed.

Having reviewed the Report and Recommendation, de novo,
the court finds that it is entirely correct as a matter of
law and that the petition must be dismissed.

At the time he

filed the petition, Petitioner had been held for less than

six months.

The Supreme Court’s decision in Zadvydas v.

Davis, 533 U.S. 648 (2011), therefore gives Petitioner no
entitlement to immediate release.
For the foregoing reasons, the court hereby ADOPTS
Judge Robertson’s Report and Recommendation (Dkt. No. 6).
Based upon this, Petitioner’s Motion for Leave to Proceed In
Forma Pauperis (Dkt. No. 2) is hereby DENIED, without
prejudice, and the petition is ordered DISMISSED, without
prejudice to its refiling if and when the necessary time has
elapsed.

This case may now be closed.

It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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