Opinion
2:24-CV-00701 SEC P
11-26-2024
BRAINI DAVINSON FELIZ #21207-104 v. FELIPE MARTINEZ JR
LEBLANC MAGISTRATE JUDGE
JUDGMENT
JAMES D. CAIN, JR. UNITED STATES DISTRICT JUDGE
Upon consideration of the Report and Recommendation [doc. 2] filed by the Magistrate Judge, noting the lack of objections thereto, and after a de novo review of the record and applicable law, the undersigned hereby ORDERS, ADJUDGES, and DECREES that the Report and Recommendation [doc. 2] be ADOPTED and that the petition be DENIED and DISMISSED WITH PREJUDICE under Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts.
The Report and Recommendation states in one section that the petition should be dismissed with prejudice and in another that it should be dismissed without prejudice. Considering that the magistrate judge conducted a review of the merits and found that the petitioner was not entitled to the requested credit, the undersigned finds that the matter is properly dismissed with prejudice.