Opinion
Civil Action 5:24-cv-00115-TES-CHW
05-13-2024
SALEEBAN ISSE ADAN, Petitioner, v. JOHN OR JANE DOE, Respondent.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is the United States Magistrate Judge's Recommendation to Dismiss [Doc. 4] Petitioner Saleeban Isse Adan's Motion to Vacate, Set Aside, or Correct a Sentence [Doc. 1], which Petitioner filed pursuant to 28 U.S.C. § 2255. Petitioner did not file an objection to the Recommendation within the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C), so the Court reviews the Recommendation for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed.R.Civ.P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the magistrate judge's Recommendation [Doc. 4] and MAKES IT THE ORDER OF THE COURT.
Accordingly, the Court DISMISSES Petitioner's Motion [Doc. 1]. Because Petitioner already has an open Section 2255 action in this Court, the Court need not construe this filing as a habeas petition, and Petitioner will not be prejudiced by this dismissal. Adan v. American White Government, 3:24-cv-8-CDL-CHW; see Gunn v. Newsome, 881 F.2d 949, 961 (11th Cir. 1989).
SO ORDERED.