Ezell v. United States of America et al (INMATE 3)

Filing 7

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 6 objection is overruled; (2) the 3 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (3) the petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 is D ISMISSED, as Ezell has not demonstrated his entitlement to proceed under that section and this court lacks jurisdiction to hear his challenge to his conviction and sentence pursuant to28 U.S.C. 2255.. Signed by Honorable Judge Truman M. Hobbs on 10/7/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SAMUEL EZELL, #10061-003,

)
)
Petitioner,
)
v.
)
)
UNITED STATES OF AMERICA, et al., )
)
Respondents.
)

CASE NO. 2:13-cv-0302-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #6) filed on June 20, 2013 to the Recommendation
of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #3) filed on May 14, 2013 is
adopted;
3.

The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is

DISMISSED, as Ezell has not demonstrated his entitlement to proceed under that section and
this court lacks jurisdiction to hear his challenge to his conviction and sentence pursuant to
28 U.S.C. § 2255.
DONE this the 7th day of October, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE