Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 17, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CORNELL SIMON, § Petitioner, ; v. CIVIL ACTION NO. 2:22-CV-00137 UNITED STATES OF AMERICA, Respondent.

_ , ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 9). The M&R recommends that the Court dismiss Petitioner Cornell Simon's petition, (D.E. 1), because the Court does not have jurisdiction to consider Petitioner’s claim. □□□ 9, p. 5). The M&R also recommends “that Petitioner’s cause of action not be characterized as [a] motion to vacate or set aside his sentence brought pursuant to

because Petitioner has previously filed a § 2255 motion in the correct jurisdiction.” Jd. □

The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R’s recommendation that Petitioner’s claim be

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dismissed for lack of jurisdiction. (D.E. 9). The Court also ADOPTS the M&R’s recommendation that Petitioner’s cause of action not be characterized as a motion to vacate or set aside his sentence brought pursuant to

. Jd. Accordingly, the Court ORDERS that Plaintiff's petition be DISMISSED. (D.E. 1). The Clerk of Court is DIRECTED to close this case. SO ORDERED. | : | DAVID S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas October/47% 2022

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