Merritt v. Davis

Full title: TERRENCE MERRITT, Petitioner, v. AGNES DAVIS, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Jul 9, 2008

CASE NO. 5:08cv170/RS-MD (N.D. Fla. Jul. 9, 2008)

Opinion

CASE NO. 5:08cv170/RS-MD.

July 9, 2008

ORDER

RICHARD SMOAK, District Judge

Before me are the Magistrate Judge's Report and Recommendation (Doc. 3) and Petitioner's Motion to Dismiss (Doc. 4). Petitioner has not otherwise filed objections.

IT IS ORDERED:

1. The Magistrate Judge's Report and Recommendation is approved and is incorporated in this Order.

2. Petitioner's Motion to Dismiss (Doc. 4) is denied.

3. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) is dismissed with prejudice because Petitioner has not demonstrated entitlement to proceed under that section. The petition shall be treated as a § 2255 motion and is therefore summarily dismissed as an unauthorized second or successive motion.

4. The clerk is directed to close the file.

ORDERED.