Wekesa v. Warden et al, No. 3:2022cv02253 - Document 13 (N.D. Tex. 2023)

Court Description: ORDER adopting Report and Recommendations re 12 Findings and Recommendations on Case. (Ordered by Judge Ed Kinkeade on 5/17/2023) (chmb)

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Wekesa v. Warden et al Doc. 13 Case 3:22-cv-02253-K-BH Document 13 Filed 05/17/23 Page 1 of 2 PageID 111 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID WEKESA, Petitioner, ) ) ) vs. ) ) WARDEN, PRAIRIELAND DETENTION ) CENTER, and ICE, ) Respondents. ) No. 3:22-CV-2253-K-BH ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the petitioner’s Writ of Habeas Corpus, filed October 6, 2022 (doc. 3), is DISMISSED as moot, and the Motion for a Temporary Restraining Order, filed October 6, 2022 (doc. 4), is DENIED as moot. A certificate of appealability (COA) is not required for a federal detainee to appeal the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F. 424, 425 (5th Cir. 2005). If the petitioner files a notice of appeal, he must pay the Dockets.Justia.com Case 3:22-cv-02253-K-BH Document 13 Filed 05/17/23 Page 2 of 2 PageID 112 $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SO ORDERED Signed May 17th, 2023. _________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE

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