Jackson v. Fuller ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION VERONICA JACKSON PETITIONER V. CIVIL ACTION NO.: 3:23-cv-596-HTW-LGI TIMOTHY FULLER RESPONDENT ORDER ADOPTING REPORT AND RECOMMENDATION BEFORE THIS COURT is the Report and Recommendation of United States Magistrate Judge LaKeysha Greer Isaac [Docket No. 4]. In her Report and Recommendation, filed December 4, 2023, Magistrate Judge Isaac recommended the Petitioner’s, Timothy Fuller (“Fuller”), petition be dismissed for lack of federal jurisdiction. Id. Magistrate Judge Isaac directed the Petitioner to file any written objections within fourteen (14) days. To date, no objection has been filed. Based on the findings contained in the Report and Recommendation [Docket No. 4], this Court agrees with the Magistrate Judge Isaac that Fuller’s petition, which does not raise any justiciable claims, all fail for lack of federal jurisdiction. This Order commensurately hereby ADOPTS the Report and Recommendation of the Magistrate Judge as the Order of this Court, and hereby DISMISSES the instant petition WITHOUT PREJUDICE.1 IT IS, FUTHER ORDERED that Fuller’s Motion for Leave to Proceed In Forma Pauperis [Docket No. 2] be DENIED. SO ORDERED this the 27th day of November 2024. /s/HENRY T. WINGATE_____________________ UNITED STATES DISTRICT COURT JUDGE 1 A certificate of appealability is not required for a federal inmate to appeal the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F.3d 424, 425 (5th Cir. 2005).