Opinion
No. 3:20-CV-1014-M-BH
01-13-2021
SAINT FLOREL NEAL, ID # 31352-177, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Amended Petition for Writ of Habeas Corpus Under 28 U .S.C. § 2241, received on June 8, 2020 (doc. 6), is DISMISSED without prejudice for lack of jurisdiction.
A certificate of appealability (COA) is not required for a federal inmate to appeal the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F. 424, 425 (5th Cir. 2005). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account.
SIGNED this 13th day of January, 2021.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE