UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
January 20, 2011
MARLON STAFFORD BENJAMIN, PETITIONER,
FRANCISCO QUINTANA, RESPONDENT.
The opinion of the court was delivered by: Honorable John F. Walter United States District Judge
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241 (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.
IT IS HEREBY ORDERED that the Petition is construed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 and that the Petition and this action be dismissed without prejudice for lack of jurisdiction.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment on petitioner and on any counsel for respondent.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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