Brodeur v. USA Government

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION #5 of Magistrate Judge Suzanne Mitchell. Upon de novo review the court concludes it does not have jurisdiction because petitioner is not confined in this district. Petitioner's petition for writ of habeas corpus is dismissed without prejudice for lack of jurisdiction. Signed by Judge Joe Heaton on 09/24/2024. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHRISTOPHER XAVIER BRODEUR,
Petitioner,
vs.
USA GOVERNMENT,
Respondent.

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NO. CIV-24-0775-HE

ORDER
Petitioner Christopher Xavier Brodeur, a federal pretrial detainee housed at the
Donald W. Wyatt Detention Facility in Central Falls, Rhode Island, has filed a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 636(b)(1)(B)
and (C), the matter was referred to Magistrate Judge Suzanne Mitchell for initial
proceedings. Upon initial review of the petition, Judge Mitchell issued a Report and
Recommendation recommending that the petition be dismissed without prejudice for lack
of jurisdiction. Petitioner has objected to the Report triggering de novo review of matters
to which objection has been raised.
Upon de novo review, the court concludes that it does not have jurisdiction because
petitioner is not confined in this district. Accordingly, the Report and Recommendation
[Doc. #5] is ADOPTED, and petitioner’s petition for writ of habeas corpus is
DISMISSED without prejudice for lack of jurisdiction.

IT IS SO ORDERED.
Dated this 24th day of September, 2024.

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