Acevedo v. Martin, 3:17-CV-326-DPJ-FKB. (2018)
Court: District Court, S.D. Mississippi
Number: infdco20181019l34
Visitors: 6
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This habeas petition under 28 U.S.C. 2241 is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge F. Keith Ball. R&R [13]. Judge Ball recommended dismissal with prejudice for lack of jurisdiction because Petitioner Pablo Acevedo's challenge to his sentence should have been brought as a motion under 28 U.S.C. 2255 in the court of conviction. Acevedo failed to file an objection to the R&R, and the
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This habeas petition under 28 U.S.C. 2241 is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge F. Keith Ball. R&R [13]. Judge Ball recommended dismissal with prejudice for lack of jurisdiction because Petitioner Pablo Acevedo's challenge to his sentence should have been brought as a motion under 28 U.S.C. 2255 in the court of conviction. Acevedo failed to file an objection to the R&R, and the t..
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ORDER
DANIEL P. JORDAN, III, Chief District Judge.
This habeas petition under 28 U.S.C. § 2241 is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge F. Keith Ball. R&R [13]. Judge Ball recommended dismissal with prejudice for lack of jurisdiction because Petitioner Pablo Acevedo's challenge to his sentence should have been brought as a motion under 28 U.S.C. § 2255 in the court of conviction. Acevedo failed to file an objection to the R&R, and the time to do so has now expired.
The Court, having fully reviewed the unopposed R&R, and being advised in the premises, finds that the R&R should be adopted as the opinion of the Court.
It is, therefore, ordered that the Report and Recommendation [13] of United States Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of the Court. The Petition is dismissed with prejudice. A separate final judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED.
Source: Leagle
