Hernandez v. Martin

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 . Petitioner' s Petition 1 for Writ of Habeas Corpus and Amended Petition 4 for Writ of Habeas Corpus are dismissed with prejudice regarding the jurisdictional issue and dismissed without prejudice regarding all other issues. Respondent' s Motion 10 for Change of Venue is DENIED as moot. Signed by Honorable David C. Bramlette, III on October 16, 2013. (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JESUS ANTONIO HERNANDEZ, #08996-032
vs.

PETITIONER

CIVIL ACTION NO. 5:13cv19-DCB-MTP

M. MARTIN, WARDEN,
FEDERAL CORRECTIONAL COMPLEX,
YAZOO CITY, MISSISSIPPI

RESPONDENT
ORDER

This cause came on this date to be heard upon the Report and
Recommendation [docket entry 15] of the United States Magistrate
Judge, after referral of hearing by this Court, and the Court,
having fully reviewed the Report and Recommendation of the United
States Magistrate Judge entered in this cause, and being duly
advised in the premises, finds that said Report and
Recommendation should be adopted as the opinion of this Court.
IT IS HEREBY ORDERED that the Report and Recommendation of
United States Magistrate Judge Michael T. Parker be, and the same
is hereby, adopted as the finding of this Court, and that
Petitioner Jesus Antonio Hernandez’s Petition [1] for Writ of
Habeas Corpus and Amended Petition [4] for Writ of Habeas Corpus
are dismissed with prejudice regarding the jurisdictional issue
and dismissed without prejudice regarding all other issues;
FURTHER ORDERED that Respondent M. Martin’s Motion [10] for
Change of Venue is DENIED as moot.

A separate judgment will be entered herein in accordance
with this Order as required by Rule 58 of the Federal Rules of
Civil Procedure.
SO ORDERED, this the 16th day of October, 2013.

s/David Bramlette
UNITED STATES DISTRICT JUDGE

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