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16-061 - Sherley v. Saad

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16-061 - Sherley v. Saad
March 27, 2017
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REPORT AND RECOMMENDATIONS: The undersigned recommends that Respondents Motion to Dismiss or for Summary Judgment 19 be GRANTED, and Petitioners 1 §2241 petition be DENIED and DISMISSED WITHOUT PREJUDICE. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court, written objections. Signed by Magistrate Judge Michael John Aloi on 3/27/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)
April 18, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: ORDERED that the Report and Recommendation 28 is ORDERED ADOPTED. The petitioners Objections 31 are OVERRULED. The respondents Motion to Dismiss or for Summary Judgment 19 is GRANTED. Ordered that the petitioners § 2241 petition 1 is DENIED and DISMISSED WITHOUT PREJUDICE. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. This Court hereby DENIES the petitioner a certificate of appealability on the dismissed claims. Signed by District Judge John Preston Bailey on 4/18/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)