MCGUIRE-MOLLICA
v.
WINGFIELD
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A pro se federal habeas corpus petition under 28 U.S.C. § 2241 challenging a prisoner's incarceration at FCI Marianna was dismissed following the court's adoption of a magistrate judge's Report and Recommendation.
The petitioner's habeas corpus petition is dismissed. The court adopted the magistrate judge's Report and Recommendation in its entirety without discussing the underlying merits in the order.
[1] A magistrate judge's report and recommendation may be adopted and incorporated by reference into a district court's order.
[2] A pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“I have conducted a de novo review of any timely filed objections.”
Demonstrates the standard of review applied by the district court to the magistrate judge's Report and Recommendation
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Join FLexlaw to unlock all legal intelligenceThe petitioner was incarcerated at FCI Marianna and filed a habeas corpus petition. A magistrate judge prepared a Report and Recommendation on the pet…
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This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 6, 2023. ECF No. 14. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have conducted a de novo review of any timely filed objections.
Having considered the Report and Recommendation, and the objections thereto, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation, ECF No. 14, is adopted and incorporated by reference in this order.
2. Petitioner's pro se Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 2, is dismissed.
DONE and ORDERED this 17th day of May 2024.
M. CASEY RODGERS UNITED STATES DISTRICT JUDGE
[fn 1]: It is sufficient to generically identify the warden of the facility where Petitioner is currently incarcerated as the respondent in the instant petition. See Hamric v. Warden, FCI Mendota, Cases 1:20-00480-CG-N, 1:09-00250-CG-N, 2021 WL 2325333, at *1 n.1 (S.D. Ala. May 6, 2021). However, the Court has been advised that Warden Pistro, who was previously named as respondent has been replaced by Barry Wingfield. Pursuant to Fed.R.Civ.P. 25(d), Warden Wingfield is automatically substituted as a party in this action.