MORGAN v. UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DAVID BRIAN MORGAN,
Petitioner,
v. 	Case No. 1:26cv24-MCR-HTC
UNITED STATES OF AMERICA,
FEDERAL BUREAU OF PRISONS,
Respondents.
_________________________/
O R D E R
The Magistrate Judge issued a Report and Recommendation dated February
2, 2026, ECF No. 3, which recommends this case be dismissed sua sponte pursuant
to 28 U.S.C. § 1406 and Rule 4 of the Rules Governing § 2254 Cases, rather than be
transferred, because it is frivolous and successive. The Parties were furnished a copy
of the Report and Recommendation and afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo
determination of all timely filed objections.
Having considered the Report and Recommendation and any duly filed
objections, I have determined that the Report and Recommendation should be
adopted.1
1 Petitioner filed an amended petition (ECF No. 4), but upon review that document is also frivolous
for the reasons given in the Report and Recommendation.
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Case No. 1:26cv24-MCR-HTC
Accordingly, it is now ORDERED as follows:
(1) 	The Magistrate Judge’s Report and Recommendation, ECF No. 3, is
adopted and incorporated by reference in this order.
(2) 	This case is DISMISSED under Rule 4 of the Rules Governing § 2254
Cases as frivolous and successive.
(3) 	The Clerk is directed to close the file.
DONE AND ORDERED this 4th day of May 2026.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
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