Sanmann v. State

Full title: CHARLES C SANMANN, Petitioner, v. STATE OF FLORIDA, Respondent

Court: United States District Court, N.D. Florida, Tallahassee Division

Date published: Mar 7, 2008

CASE NO. 4:07-cv-00168-MP-WCS (N.D. Fla. Mar. 7, 2008)

Opinion

CASE NO. 4:07-cv-00168-MP-WCS.

March 7, 2008

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 6, Report and Recommendation of the Magistrate Judge, recommending that the petition under 28 U.S.C. § 2241 be dismissed without prejudice to bringing a claim under 28 U.S.C. § 2254. The time for filing objections has passed, and none have been filed. The Court agrees that because Petitioner is now in custody pursuant to a conviction and sentence, he must file his claim under § 2254. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.

2. This action is DISMISSED, and the clerk is directed to close the file. The dismissal is without prejudice to Petitioner bringing a petition under 28 U.S.C. § 2255 once he has exhausted state remedies.

DONE AND ORDERED