Gartrell v. Rathman

Filing 5

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/19/2014. (JLC)

FILED
2014 Dec-19 PM 04:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
TOREY GARTRELL,
Petitioner,
v.

JOHN RATHMAN, Warden,
Respondent.

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Civil Action No.
1:14-cv-1480-VEH-JEO

MEMORANDUM OPINION
In this case, Petitioner Torey Gartrell, a federal prisoner acting pro se, seeks
a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and the “savings clause” of
28 U.S.C. § 2255(e). (Doc. 1). The magistrate judge has entered a report and
recommendation, see 28 U.S.C. § 636(b)(1)(B), LR 72.1(b)(3)(A), recommending
that the action be dismissed for want of jurisdiction. (Doc. 4). No objections have
been filed, and the time allowed for doing so has expired.
Having carefully reviewed and considered de novo all the materials in the
court file, including the magistrate judge’s report and recommendation, the court
is of the opinion that the magistrate judge’s findings are due to be and are hereby
ADOPTED and his recommendation is ACCEPTED. Accordingly, the petition
for writ of habeas corpus is due to be DISMISSED for lack of jurisdiction. A

separate final order will be entered.
DONE, this the 19th day of December, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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