Rodriguez v. USA, No. 7:2019cv00397 - Document 5 (N.D. Ala. 2019)

Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS the recommendation. Accordingly, the petition is due to be dismissed for lack of federal subject matter jurisdiction. Because this matter invokes 28 U.S.C. § 2241, a ruling on a certificate of appealability is not required. Signed by Judge Abdul K Kallon on 12/13/2019. (KEK)

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Rodriguez v. USA Doc. 5 FILED 2019 Dec-13 PM 03:22 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION HILARIA RODRIGUEZ, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 7:19-cv-00397-AKK-SGC MEMORANDUM OPINION The magistrate judge filed a report on November 20, 2019, recommending this matter be dismissed for lack of federal subject matter jurisdiction. Doc. 4. Although the report advised the petitioner of her right to file specific written objections within fourteen days, id. at 8-9, the court has not received any objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Accordingly, the petition is due to be dismissed for lack of federal subject matter jurisdiction. Because this matter invokes 28 U.S.C. § 2241, a ruling on a certificate of appealability is not required. A separate order will be entered. Dockets.Justia.com DONE the 13th day of December, 2019. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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