Zuniga v. Board of Immigration Appeals et al

Filing 17

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS re 16 Findings and Recommendations on 1 Petition for Writ of Habeas Corpus, filed by Carlos Ruben Zuniga. Carlos Ruben Zuniga's petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice for lack of jurisdiction. (Ordered by Judge Terry R Means on 8/31/2011) (npk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
CARLOS RUBEN ZUNIGA,
Petitioner,
VS.
BOARD OF IMMIGRATION
APPEALS, et al.
Respondents.

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CIVIL ACTION NO.4:10-CV-786-Y

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
Before the Court is the petition for writ of habeas corpus
under 28 U.S.C. § 2241 of petitioner Carlos Ruben Zuniga, along
with the August 1, 2011, findings, conclusions, and recommendation
of the United States magistrate judge. The magistrate judge gave
the parties until August 22 to file written objections to the
findings, conclusions, and recommendation.

As of the date of this

order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this
case, and has reviewed for clear error the proposed findings,
conclusions and recommendation. The Court concludes that, for the
reasons stated by the magistrate judge, the petition for writ of
habeas corpus should be dismissed, without prejudice, for lack of
jurisdiction.
Therefore, the findings, conclusions and recommendation of
the magistrate judge are ADOPTED.
Carlos Ruben Zuniga’s petition for writ of habeas corpus under
28 U.S.C. § 2241 is DISMISSED without prejudice for lack of
jurisdiction.
SIGNED August 31, 2011.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE