MCGUIRE-MOLLICA v. WINGFIELD

United States District Court for the Northern District of Florida

MCGUIRE-MOLLICA v. WINGFIELD

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

TERRI MCGUIRE-MOLLICA

Petitioner, v. Case No. 5:23cv38/MCR/MAL

BARRY WINGFIELD, WARDEN F.C.I. MARIANNA1

Respondent. _________________________________/

O R D E R This cause comes on for consideration upon the magistrate judge=s Report and Recommendation dated February 6, 2023. ECF No. 14. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title

28, United States Code, Section 636

(b)(1). I have conducted a de novo review of any timely filed objections. Having considered the Report and Recommendation, and the objections thereto, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows:

1 It is sufficient to generically identify the warden of the facility where Petitioner is currently incarcerated as the respondent in the instant petition. See Hamric v. Warden, FCI Mendota, Cases 1:20-00480-CG-N, 1:09-00250-CG-N,

2021 WL 2325333

, at *1 n.1 (S.D. Ala. May 6, 2021). However, the Court has been advised that Warden Pistro, who was previously named as respondent has been replaced by Barry Wingfield. Pursuant to Fed.R.Civ.P. 25(d), Warden Wingfield is automatically substituted as a party in this action. 1. The magistrate judge=s Report and Recommendation, ECF No. 14, is adopted and incorporated by reference in this order. 2. Petitioner’s pro se Petition for Writ of Habeas Corpus Pursuant to

28 U.S.C. § 2241

, ECF No. 2, is dismissed. DONE and ORDERED this 17th day of May 2024.

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

Case No.: 5:23cv38/MCR/MAL

Reference

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