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17-133 - Sarras v. Unknown Party


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17-133 - Sarras v. Unknown Party
February 1, 2018
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REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that the District Court issue an Order accepting the Report and Recommendation; granting Respondent's 15 Motion to Dismiss; and directing that Judgment be entered dismissing this action without prejudice for lack of jurisdiction. If Sarras seeks and is granted leave from the Eleventh Circuit to raise his claims in a second or successive section 2255 petition, he may file a habeas petition in the appropriate forum at that time. If any objections are filed, this action should be designated case number: CV17-133-TUC-CKJ. Failure to timely file objections to any factual or legal determination of the Magistrate Judge may be considered a waiver of a party's right to de novo consideration of the issues. (See attached PDF for complete information). Signed by Magistrate Judge Jacqueline M Rateau on 2/1/18.(BAC)
February 22, 2018
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VACATED by (Doc. 32) ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED the 27 Motion for Information is DENIED without prejudice as premature. The Magistrate Judge's 23 Report and Recommendation is ADOPTED. Defendants' 15 Motion to Dismiss for Lack of Jurisdiction is GRANTED. Petitioner's 1 Petition Under 28 USC § 2241 for a Writ of Habeas Corpus is DISMISSED for lack of jurisdiction. The Clerk of Court shall issue judgment accordingly. In the event Movant files an appeal, the Court declines to issue a certificate of appealability. Signed by Judge Cindy K Jorgenson on 2/21/18.(BAC) Modified on 2/27/2018 (KAH).
February 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION 23. The Order dated February 22, 2018 (Doc. 28) is VACATED. Petitioner's Motion for Leave to File Excess Pages (Doc. 31) is GRANTED. The Motion for Information (Doc. 27) is DENIED without prejudice as premature. The Magistrate Judge's Report and Recommendation (Doc. 23) is ADOPTED. Defendants' Motion to Dismiss for Lack of Jurisdiction (Doc. 15) is GRANTED. The Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus (Doc. 1) is DISMISSED for lack of jurisdiction. The Clerk of Court shall issue judgment accordingly. In the event Movant files an appeal, the Court declines to issue a certificate of appealability. Signed by Judge Cindy K Jorgenson on 2/27/18. (See attached PDF for complete information.) (KAH)