Opinion
Civil Action 5:22-CV-00085
07-31-2023
FRANKLIN SHANE SIMMS, Petitioner, v. US CUSTOMS & BORDER PROTECTION et al., Defendants.
ORDER
DIANA SALDAÑA, UNITED STATES DISTRICT JUDGE
Pending is the Magistrate Judge's Amended Report and Recommendation (Dkt. 3) recommending that pro se Plaintiff Franklin Simms' Petition for Writ of Habeas Corpus (Dkt. 1), construed as a civil rights complaint, be dismissed as frivolous and malicious. See (Dkt. 3.) The Parties have been duly noticed regarding the filing of objections, and the applicable 14-day timeframe for the filing of objections has now lapsed. Noting that no objections have been filed, and having now reviewed the matter as provided by 28 U.S.C. § 636, the Court concludes that the Report and Recommendation should be and is hereby ACCEPTED. Thus, Plaintiff's Petition for Writ of Habeas Corpus (Dkt. 1) is DISMISSED with prejudice.
IT IS SO ORDERED.