Villanueva v. Unknown

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Report and Recommendations Signed by District Judge David C. Bramlette, III on 7/15/21 (MGB) (Main Document 28 replaced with corrected document on 7/15/2021) (CO).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
GILBERTO VILLANUEVA, JR.

PETITIONER

V.

CIVIL ACTION NO. 3:19-CV-455-DCB-JCG

WARDEN DAVID PAUL

RESPONDENT

Order Adopting Report and Recommendation
This matter is before the Court on Magistrate Judge John C.
Gargiulo’s Report and Recommendation [ECF No. 27], to which no
objections have been filed by the Petitioner. Having carefully
reviewed the same, the Court finds that Magistrate Judge Gargiulo’s
Report and Recommendation is well taken and shall be adopted as
the findings and conclusions of this Court. At the time the
petitioner

filed,

the

petitioner

was

housed

at

the

Federal

Correctional Complex in Yazoo County, Mississippi. As of October
18,

2020,

the

petitioner

was

transferred

to

the

Federal

Correctional Institution in Marianna, Florida, where he currently
resides. Judge Gargiulo recommends that the Petitioner’s Petition
for Writ of Habeas Corpus [ECF No. 1] should be denied and that
this

action

be

dismissed

with

prejudice

regarding

the

jurisdictional issue of this court and DISMISSED without prejudice
regarding the merits of the case. In cases regarding petitions for
Writs of Habeas Corpus, jurisdiction is not based on the location

in which a petitioner is incarcerated. Jurisdiction is based on
the court which sentenced the petitioner. Pack v. Yusuff, 218 F.3d
448, 451 (5th Cir. 2000).
Accordingly,
IT IS HEREBY ORDERED AND ADJUDGED that Magistrate Judge John
C. Gargiulo’s Report and Recommendation is ADOPTED as the findings
and conclusions of this Court. This action is hereby DISMISSED
with prejudice regarding the jurisdictional issue of this court
and DISMISSED without prejudice regarding the merits of the case.
A Final Judgment shall be entered of even date herewith
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 15th day of July, 2021.

_/s/ David Bramlette________
UNITED STATES DISTRICT COURT