Opinion
CIVIL 1:21-CV-00812-P
06-04-2021
RICARDO K. DUKES #563960, Petitioner v. KEITH DEVILLE, Respondent
MAGISTRATE JUDGE JOSEPH H.L. PEREZ-MONTES
JUDGMENT
DAVID C. JOSEPH UNITED STATES DISTRICT JUDGE
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein [ECF No. 9], and after a de novo review of the record, including the Objection filed by Petitioner [ECF No. 10], having determined that the Magistrate Judge's findings and recommendations are correct under the applicable law;
IT IS HEREBY ORDERED that the Petition [ECF No. 6] is DISMISSED for lack of jurisdiction, WITH PREJUDICE as to the jurisdictional issue and WITHOUT PREJUDICE as to the merits of Petitioner's claims.
IT IS FURTHER ORDERED that the Motion to Appoint Counsel [ECF No. 2] is DENIED as MOOT.
THUS DONE.