Opinion
2:23-cv-01098-HDV-AJR
03-26-2024
TXAI TAY HER, Petitioner, v. BRIAN BIRKHOLZ, Warden.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
HERNAN D. VERA, UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing objections to the Report and Recommendation has passed and no objection has been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that the Petition is DENIED based on lack of jurisdiction.
IT IS FURTHER ORDERED that this action be dismissed WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.