Upshaw v. Rathman

Filing 21

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/22/2016. (AHI)

FILED
2016 Jun-22 PM 01:03
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DAVID JUNIOR UPSHAW,
Petitioner,
vs.
JOHN T. RATHMAN, Warden,
Respondent.

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Case No. 1:14-CV-01668-CLS-JEO

MEMORANDUM OPINION
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241 by David Junior
Upshaw, a federal prisoner acting pro se.

(Doc. 1). The magistrate judge to whom the

case was referred entered a report and recommendation (“R&R”) on June 2, 2016, see
28 U.S.C. § 636(b), in which he concluded that this action is due to be dismissed without
prejudice, because this court lacks jurisdiction to hear petitioner’s habeas claim pursuant
to the “savings clause” of 28 U.S.C. § 2255(e).

(Doc. 20).

Petitioner was allotted

fourteen days in which to file objections to the R&R, and failed to do so prior to the
expiration of that period.
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 hereby are ADOPTED, and
his recommendation is ACCEPTED.

Accordingly, the petition for a writ of habeas

corpus is due to be DISMISSED WITHOUT PREJUDICE for want of jurisdiction. A
separate Final Order will be entered.
DONE this 22nd day of June, 2016.

_______________________________
United States District Judge

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