Opinion
Civil Action No. 3:19-CV-02827-E-BH
02-20-2020
ALBINO AGUER, A#094696185, Petitioner, v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent.
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 petition for habeas corpus filed under 28 U.S.C. § 2241 will be DISMISSED without prejudice by separate judgment for failure to prosecute or comply with a court order under Fed. R. Civ. P. 41(b).
A certificate of appealability (COA) is not required to appeal in a case under 28 U.S.C. § 2241. See Montano v. Texas, 867 F.3d 540, 547 n.8 (5th Cir. 2017). 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 and a properly signed certificate of inmate trust account.
SO ORDERED.
Signed February 20, 2020.
/s/_________
ADA BROWN
UNITED STATES DISTRICT JUDGE