Opinion
Civil Action 5:21-CV-38 (MTT)
08-13-2021
JOSEPH FORD, Petitioner, v. UNKNOWN RESPONDENT, Respondent.
ORDER
MARC T. TREADWELL, CHIEF JUDGE
United States Magistrate Judge Stephen Hyles recommends dismissing without prejudice Petitioner Joseph Ford's recast petition for relief under 28 U.S.C. § 2254 pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Doc. 14. The Magistrate Judge also recommends denying a certificate of appealability. Id. at 4. Ford has not objected, so pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the Recommendation for clear error. After review, the Court adopts the proposed findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 14) is ADOPTED and made the Order of the Court.
Rule 4 provides that “[t]he clerk must promptly forward the petition to a judge under the court's assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.”
Accordingly, Ford's petitions for writ of habeas corpus (Docs. 1; 12) are DISMISSED without prejudice, his pending motions (Docs. 9; 13) are DENIED as moot, and a certificate of appealability is DENIED.
SO ORDERED.