Opinion
CIVIL ACTION NO. 4:02-CV-790-Y
November 5, 2002
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
Before the Court is the petition for writ of habeas corpus of petitioner Marco Antonio Montes, along with the October 11, 2002, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until November 1, 2002, to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on October 11, 2002. The Court concludes that the petition for writ of habeas corpus should be construed as seeking relief under 28 U.S.C. § 2241 and be dismissed, for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby,
It is further ORDERED that the petition for writ of habeas corpus should be construed as a petition for writ of habeas corpus under 28 U.S.C. § 2241.
The clerk of Court is directed to make this change on the docket.
It is further ORDERED that Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241 be, and is hereby, DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that the clerk of Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.