Velez, Jr. v. Paul

District Court, S.D. Mississippi

Velez, Jr. v. Paul

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

IGNACIO VALDIVIA VELEZ, JR. PETITIONER

V. CIVIL ACTION NO. 3:19-CV-478-DPJ-JCG

DAVID PAUL DEFENDANT

ORDER

Petitioner Ignacio Valdivia Velez, Jr., a federal inmate incarcerated at the Federal Correctional Complex in Yazoo City, Mississippi, filed this habeas corpus petition under

28 U.S.C. § 2241

on July 5, 2019. Relying on Rehaif v. United States,

139 S. Ct. 2191

(2019), Velez challenges his April 27, 2016 conviction of being a felon in possession of a firearm. On September 28, 2020, United States Magistrate Judge John C. Gargiulo entered a Report and Recommendation (R&R) [19] recommending dismissal of the petition for lack of jurisdiction. Velez failed to file an objection to the R&R, and the time to do so has now passed. The Court, having reviewed the unopposed R&R, adopts the R&R as its opinion. The petition is dismissed for lack of jurisdiction. A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58. SO ORDERED AND ADJUDGED this the 19th day of October, 2020.

s/ Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE

Reference

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