Opinion
2:23-cv-00054-LPR
04-26-2024
JERRY L. GATER PLAINTIFF v. C. EDGE DEFENDANT
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Jerome T. Kearney (Doc. 16). No objections have been filed, and the time for doing so has expired. After a de novo review of the RD, along with careful consideration of the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court's findings and conclusions in all respects.
The RD suggests a without-prejudice dismissal is appropriate, see Doc. 16 at 2, but then recommends a with-prejudice dismissal, see Doc. 16 at 2-3. The Court assumes the RD meant to recommend a without-prejudice dismissal. In any event, the Court believes the dismissal should be without prejudice in these circumstances.
Accordingly, the Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED without prejudice.
IT IS SO ORDERED