ADAN v. DOE

M.D. Georgia

ADAN v. DOE

DecidedMay 13, 2024

Docket5:24-cv-00115

StatusUnknown

This text of ADAN v. DOE (ADAN v. DOE) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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ADAN v. DOE, (M.D. Ga. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION SALEEBAN ISSE ADAN, Petitioner, CIVIL ACTION NO. v. 5:24-cv-00115-TES-CHW JOHN OR JANE DOE, Respondent.

ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATION

Before the Court is the United States Magistrate Judge’s Recommendation to Dismiss [Doc. 4] Petitioner Saleeban Isse Adan’s Motion to Vacate, Set Aside, or Correct a Sentence [Doc. 1], which Petitioner filed pursuant to 28 U.S.C. § 2255. Petitioner did not file an objection to the Recommendation within the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C), so the Court reviews the Recommendation for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed. R. Civ. P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the magistrate judge’s Recommendation [Doc. 4] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court DISMISSES Petitioner’s Motion [Doc. 1]. Because Petitioner already has an open Section 2255 action in this Court, the Court need not construe this filing as a habeas petition, and Petitioner will not be prejudiced by this dismissal. Adan v. American White Government, 3:24-cv-8-CDL-CHW; see Gunn v. Newsome, 881 F.2d 949, 961 (11th Cir. 1989).

SO ORDERED, this 13th day of May, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION SALEEBAN ISSE ADAN, Petitioner, CIVIL ACTION NO. v. 5:24-cv-00115-TES-CHW JOHN OR JANE DOE, Respondent.

ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATION

Before the Court is the United States Magistrate Judge’s Recommendation to Dismiss [Doc. 4] Petitioner Saleeban Isse Adan’s Motion to Vacate, Set Aside, or Correct a Sentence [Doc. 1], which Petitioner filed pursuant to 28 U.S.C. § 2255. Petitioner did not file an objection to the Recommendation within the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C), so the Court reviews the Recommendation for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed. R. Civ. P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the magistrate judge’s Recommendation [Doc. 4] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court DISMISSES Petitioner’s Motion [Doc. 1]. Because Petitioner already has an open Section 2255 action in this Court, the Court need not construe this filing as a habeas petition, and Petitioner will not be prejudiced by this dismissal. Adan v. American White Government, 3:24-cv-8-CDL-CHW; see Gunn v. Newsome, 881 F.2d 949, 961 (11th Cir. 1989).

SO ORDERED, this 13th day of May, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

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ADAN v. DOE, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adan-v-doe-gamd-2024.

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