IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION AUNDEL BENOIT, ) ) Petitioner, ) ) v. ) CASE NO. 2:19-CV-1083-WKW ) [WO] UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER

On January 29, 2020, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 5.) Upon an independent review of the record, it is ORDERED that the Recommendation is ADOPTED. Accordingly, Petitioner’s petition, which is construed as a

motion, is DISMISSED without prejudice for lack of subject matter jurisdiction. Petitioner is not required to obtain a certificate of appealability to appeal this court’s judgment, should he desire to do so, because it is not “‘a final order in a habeas corpus proceeding’” within the meaning of

(c). Hubbard v. Campbell,

(11th Cir. 2004) (quoting § 2253(c)). Final judgment will be entered separately. DONE this 25th day of February, 2020. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE