Opinion
3:24-cv-05168-DGE-BAT
06-04-2024
SAMUEL F. VALDEZ, Petitioner, v. JASON BENNETT, Respondent.
ORDER OF DISMISSAL
DAVID G. ESTUDILLO United States District Judge
Having reviewed the Report and Recommendation of the assigned United States Magistrate Judge, all objections or responses, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) The matter whether construed as a § 2241 or § 2254 federal habeas corpus petition is dismissed with prejudice.
(3) Issuance of a certificate of appealability is denied.
(4) The matter, if construed as a § 1983 civil rights complaint is dismissed with prejudice.
(5) Petitioner's Motion for Certification of a question, Dkt. 9, is stricken as moot.
(6) The Clerk shall provide a copy of this Order to Petitioner.