Broom v. Sec'y, Fla. Dep't of Corr.

Full title: ANTHONY W. BROOM, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Jan 4, 2017

4:16cv774-WS/GRJ (N.D. Fla. Jan. 4, 2017)

Opinion

4:16cv774-WS/GRJ

01-04-2017

ANTHONY W. BROOM, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.

WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 4) docketed December 15, 2016. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus¹ be dismissed for lack of jurisdiction. The petitioner has filed objections (doc. 5) to the report and recommendation.

1 In his Petition for Writ of Habeas Corpus, the petitioner states that he seeks relief "pursuant to 28 U.S.C. § 2241 or in the alternative 28 U.S.C. § 2254." --------

The court having reviewed the magistrate judge's report and recommendation in light of the petitioner's objections, it is ORDERED:

1. The magistrate judge's report and recommendation is ADOPTED and incorporated by reference into this order of the court.

2. The petitioner's petition for writ of habeas corpus (doc. 1) is DISMISSED for lack of jurisdiction.

3. The clerk shall enter judgment stating: "Anthony W. Broom's petition for writ of habeas corpus is dismissed for lack of jurisdiction."

DONE AND ORDERED this 4th day of January, 2017.

s/ William Stafford

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE