George v. Stamper (INMATE 2)

Filing 6

ORDER directing as follows: (1) Petitioner's objection (Doc. # 5 ) is OVERRULED; (2) The Recommendation (Doc. # 4 ) is ADOPTED; (3) The petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice as Petitioner has not demonstrated his entitlement to proceed under that section and this court lacks jurisdiction to hear a challenge to Petitioner's conviction and sentence under 28 U.S.C. § 2255. Signed by Chief Judge William Keith Watkins on 9/2/14. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ELMO ANTONIO GEORGE,
#63238-019,
Petitioner,
v.
DENNIS W. STAMPER,
Respondent.

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CASE NO. 2:14-CV-688-WKW
[WO]

ORDER
On August 4, 2014, the Magistrate Judge filed a Recommendation (Doc.
# 4), to which Petitioner filed a timely objection (Doc. #5).

The court has

conducted an independent and de novo review of those portions of the
Recommendation to which objection is made. See 28 U.S.C. § 636(b).
Accordingly, it is ORDERED as follows:
1.

Petitioner’s objection (Doc. # 5) is OVERRULED.

2.

The Recommendation (Doc. # 4) is ADOPTED.

3.

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

DISMISSED without prejudice as Petitioner has not demonstrated his entitlement
to proceed under that section and this court lacks jurisdiction to hear a challenge to
Petitioner’s conviction and sentence under 28 U.S.C. § 2255.

DONE this 2nd day of September, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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