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14-066 - Perez-Colon v. O'Brien

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14-066 - Perez-Colon v. O'Brien
March 16, 2017
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al attachment(s) added on 3/16/2017: # (1) Certified Mail Return Receipt) (tlg).REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Manuel Perez-Colon, 11 and MOTION to Dismiss filed by Terry O'Brien. It is the recommendation that the Petition be DENIED and DISMISSED with prejudice and that the motion be GRANTED. Objections may be filed within 14 days after being served a copy of this Order. Signed by Magistrate Judge Michael John Aloi on 3/16/2017. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Addition
April 12, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: finding no error, it is the opinion of this Court that Magistrate Judge Aloi's 20 Report and Recommendation is hereby ORDERED ADOPTED for the reasons more fully stated therein. The Court GRANTS the Respondent's 11 Motion to Dismiss and DENIES and DISMISSES the 1 Petitioner's 28 U.S.C. § 2241 petition WITH PREJUDICE. Because the instant petition seeks relief pursuant to § 2241, the Court makes no certificate of appealability determination in this matter. The Court DIRECTS the Clerk to strike this case from the active docket and enter a separate judgment order in favor of the Respondent. Signed by Chief Judge Gina M. Groh on 04/12/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 4/12/2017: # (1) Certified Mail Return Receipt) (cwm).