Rodriguez v. Wagner

Filing 10

ORDER adopting Report and Recommendations re 8 Report and Recommendations. Signed by Honorable David C. Bramlette, III on 11/10/2016 (EB)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ROLANDO RODRIGUEZ
v.

PETITIONER
CIVIL ACTION NO. 5:14-cv-107 (DCB)(MTP)

BARBARA WAGNER

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on Magistrate Judge Michael T.
Parker’s Report and Recommendation (docket entry 8), to which no
objections were filed by the Petitioner. Having carefully reviewed
the same, the Court finds that the Petitioner is not entitled to
pursue his claims in a writ of habeas corpus under 28 U.S.C. §
2241.

Furthermore, if he were to pursue a civil rights claim

instead, he has not asserted a violation of a constitutionally
protected right entitling him to relief under Bivens v. Six Unknown
Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
Therefore, the Court adopts the Report and Recommendation, and
shall

dismiss

the

Petition

for

Writ

of

Habeas

Corpus

with

prejudice.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 8) is ADOPTED as the
findings and conclusions of this Court;
IT IS FURTHER ORDERED that the Petition be dismissed with
prejudice.
A Final Judgment dismissing the Petition with prejudice will

follow in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED, this the 10th day of November, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE