Brayboy v. Nash

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. Signed by District Judge Tom S. Lee on 2/17/2021 (cwl)

Case 3:18-cv-00013-TSL-RPM Document 13 Filed 02/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CORNELIUS BRAYBOY
VS.

PETITIONER
CIVIL ACTION NO. 3:18CV13TSL-RPM

WARDEN CHERON NASH

RESPONDENT

ORDER
This cause came on this date to be heard upon the report and
recommendation of United States Magistrate Judge Robert P. Myers,
and the court, having fully reviewed the report and recommendation
entered in this cause on January 25, 2021, and being
duly advised in the premises and there being no objection filed by
any party finds that said report and recommendation should be
adopted as the opinion of this court.
IT IS, THEREFORE, ORDERED that the report and recommendation
of United States Magistrate Judge Robert P. Myers entered on
January 25, 2021 be, and the same is hereby adopted as the finding
of this court.

It follows that Brayboy’s § 2241 petition is

dismissed with prejudice as to the jurisdictional issue and
without prejudice otherwise.

See Pack v. Yusuff, 218 F.3d 448,

454 (5th Cir. 2000) (conclusion that petitioner did not come
within savings clause results in dismissal with prejudice as to
jurisdiction and otherwise without prejudice).
A separate judgment will be entered in accordance with Rule

Case 3:18-cv-00013-TSL-RPM Document 13 Filed 02/17/21 Page 2 of 2

58 of the Federal Rules of Civil Procedure.
17th
SO ORDERED this ____ day of February, 2021.

/s/Tom S. Lee
_____________________________________________
UNITED STATES DISTRICT JUDGE