Opinion
CASE NO. 4:13-cv-249-MW/CAS
08-08-2013
MOZART NOEL, Petitioner, v. SHERIFF CHARLES CREEL, Respondent.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
The Court has considered the Magistrate's Report and Recommendation, ECF No.17, filed July 8, 2013. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the Court's opinion. The Clerk shall enter judgment stating, "The amended §2241 petition filed by Mozart Emmanuel Noel, ECF No. 15, is DISMISSED as prematurely filed, Petitioner having failed to demonstrate that he was entitled to relief pursuant to Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491, 150 L.Ed 2d 653 (2001), and because mandatory detention without a bond hearing is authorized under §1226(c) and Demore v. Kim, 538 U.S. 510, 513, 123 S.Ct. 1708, 1712 (2003)."
The Court would note that Petitioner has failed to keep the Court informed of his location as evidenced by returned mail to the Clerk.
The Clerk shall close the file.
Mark E. Walker
United States District Judge