Clinton v. Wray et al, No. 3:2022cv02301 - Document 5 (N.D. Tex. 2022)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: re: 4 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus filed by Sean Puchalow Clinton. (Ordered by Judge Jane J Boyle on 11/8/2022) (svc)

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Clinton v. Wray et al Doc. 5 Case 3:22-cv-02301-B-BH Document 5 Filed 11/08/22 Page 1 of 2 PageID 27 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SEAN PUCHALOW CLINTON, Petitioner, vs. CHRISTOPHER WRAY, Director of F.B.I., et al., Respondents. ) ) ) ) ) ) ) ) No. 3:22-CV-2301-B-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, any habeas claims in the Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, received on October 14, 2022 (doc. 3), will be DISMISSED by separate judgment for lack of jurisdiction, and any civil claims will be DISMISSED without prejudice to seeking relief in Case No. 4:22-CV-889-Y. A certificate of appealability (COA) is not required for 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 $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. Dockets.Justia.com Case 3:22-cv-02301-B-BH Document 5 Filed 11/08/22 Page 2 of 2 PageID 28 SIGNED this 8TH day of November, 2022. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE

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