Opinion
4:16cv774-WS/GRJ
01-04-2017
ANTHONY W. BROOM, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.
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 corpus be dismissed for lack of jurisdiction. The petitioner has filed objections (doc. 5) to the report and recommendation.
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