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Gibson v. Keaton Corrections, 4:19cv391-WS/CAS. (2019)

Court: District Court, N.D. Florida Number: infdco20191113986 Visitors: 7
Filed: Nov. 12, 2019
Latest Update: Nov. 12, 2019
Summary: ORDER DISMISSING PETITIONER'S 2241 PETITION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (ECF No. 8) docketed October 8, 2019. The magistrate judge recommends that the petitioner's 2241 petition for writ of habeas corpus be dismissed without prejudice. The petitioner has filed no objections to the report and recommendation. Having reviewed the matter, this court has determined that the report and recommendation should b
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ORDER DISMISSING PETITIONER'S § 2241 PETITION

Before the court is the magistrate judge's report and recommendation (ECF No. 8) docketed October 8, 2019. The magistrate judge recommends that the petitioner's § 2241 petition for writ of habeas corpus be dismissed without prejudice. The petitioner has filed no objections to the report and recommendation.

Having reviewed the matter, this court has determined that the report and recommendation should be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (ECF No. 8) is ADOPTED and incorporated by reference into this order of the court.

2. The government's motion (ECF No. 6) for leave to file an out-of-time response and to dismiss without prejudice is GRANTED.

3. The petitioner's petition for writ of habeas corpus (ECF No. 1) is DISMISSED without prejudice.

4. Petitioner's motion (ECF No. 7) to strike the government's out-of-time response is DENIED.

5. The clerk is directed to enter judgment stating: "The petitioner's petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE."

DONE AND ORDERED.

Source:  Leagle

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