Sumera v. Warden

Full title: DAVID SUMERA, Petitioner v. WARDEN, Respondent

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Apr 21, 2020

CIVIL DOCKET NO. 1:19-CV-1528-P (W.D. La. Apr. 21, 2020)

Opinion

CIVIL DOCKET NO. 1:19-CV-1528-P

04-21-2020

DAVID SUMERA, Petitioner v. WARDEN, Respondent

JUDGE DRELL

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 19), noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;

IT IS ORDERED that the claims raised in the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) are hereby DISMISSED for lack of jurisdiction, WITH PREJUDICE as to the jurisdictional issue, and WITHOUT PREJUDICE as to the merits of Petitioner's claims. IT IS FURTHER ORDERED that the claims raised in Petitioner's Supplemental Petition (ECF No. 14) are hereby DENIED and DISMISSED WITH PREJUDICE.

THUS DONE AND SIGNED at Alexandria, Louisiana, this 21^st day of April 2020.

/s/ _________

DEE D. DRELL

UNITED STATES DISTRICT JUDGE