ADAN v. DOE

United States District Court for the Middle District of Georgia

ADAN v. DOE

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION SALEEBAN ISSE ADAN, Petitioner, CIVIL ACTION NO. v. 5:24-cv-00115-TES-CHW JOHN OR JANE DOE, Respondent.

ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE’S RECOMMENDATION

Before the Court is the United States Magistrate Judge’s Recommendation to Dismiss [Doc. 4] Petitioner Saleeban Isse Adan’s Motion to Vacate, Set Aside, or Correct a Sentence [Doc. 1], which Petitioner filed pursuant to

28 U.S.C. § 2255

. Petitioner did not file an objection to the Recommendation within the 14-day period prescribed by

28 U.S.C. § 636

(b)(1)(C), so the Court reviews the Recommendation for clear error. See

28 U.S.C. § 636

(b)(1)(C) in connection with Fed. R. Civ. P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the magistrate judge’s Recommendation [Doc. 4] and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court DISMISSES Petitioner’s Motion [Doc. 1]. Because Petitioner already has an open Section 2255 action in this Court, the Court need not construe this filing as a habeas petition, and Petitioner will not be prejudiced by this dismissal. Adan v. American White Government, 3:24-cv-8-CDL-CHW; see Gunn v. Newsome,

881 F.2d 949, 961

(11th Cir. 1989).

SO ORDERED, this 13th day of May, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

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