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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTOPHER XAVIER BRODEUR, Petitioner, vs. USA GOVERNMENT, Respondent. ) ) ) ) ) ) ) ) ) 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. 2

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