Opinion
Civil Action 22-cv-2071 SEC P
09-27-2023
EDWIN LEDELL SMITH #87806-280 v. ACTING WARDEN BAYSHORE
PEREZ-MONTES, MAGISTRATE JUDGE
JUDGMENT
TERRY A.DOUGHTY, UNITED STATES DISTRICTJUDGE
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 39] previously filed herein, having thoroughly reviewed the record, noting the lack of objections filed thereto, and concurring with the findings of the Magistrate Judge under the applicable law;
IT IS ORDERED that Plaintiff Edwin Ledell Smith's (“Smith”) Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 [Doc. No. 1] is DISMISSED WITHOUT PREJUDICE as premature because Smith's § 2255 proceedings are currently pending on appeal.