Olivares-Calixto v. Department of Homeland Security, No. 4:2017cv00741 - Document 8 (N.D. Ala. 2017)
Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/11/2017. (KBB)
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Olivares-Calixto v. Department of Homeland Security Doc. 8 FILED 2017 Dec-11 AM 09:11 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ERIK OLIVARES-CALIXTO, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. ) ) ) ) ) ) ) ) ) Civil Action Number 4:17-cv-00741-AKK-SGC MEMORANDUM OPINION This is a pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2241 by Erik Olivares-Calixto, a Mexican citizen detained at Etowah County Detention Center pursuant to an Order of Removal. Doc. 1. On November 3, 2017, the magistrate judge entered a report recommending the petition be dismissed as premature. Doc. 7. The report and recommendation informed Olivares-Calixto of his right to file objections within fourteen calendar days. Id. at 5-6. The time to object has expired, and Olivares-Calixto has not filed objections or otherwise responded. After careful consideration of the record in this case, the court ADOPTS the report of the magistrate judge and ACCEPTS her recommendations. Accordingly, this matter is due to be dismissed without prejudice as premature. A separate order will be entered. DONE the 11th day of December, 2017. Dockets.Justia.com _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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