Franklin v. Fernandez et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 5/27/2016. (KAM, )

FILED
2016 May-27 PM 02:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
JOHN E. FRANKLIN,
Petitioner,
v.

V. FERNANDEZ,
Respondent.

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Civil Action No.
1:16-cv-0443-MHH-JEO

MEMORANDUM OPINION
Petitioner John E. Franklin, a federal prisoner acting pro se, has filed an
application for a writ of habeas corpus under 28 U.S.C. § 2241. (Doc. 1). The
magistrate judge to whom the case was referred for preliminary review has filed a
report and recommendation pursuant to 28 U.S.C. § 636(b). (Doc. 3). In his
report, the magistrate judge recommended that the Court dismiss this action
without prejudice for lack of jurisdiction because Frankin cannot satisfy the
requirements of the savings clause of 28 U.S.C. § 2255(e). (Doc. 3 at 5). The
magistrate judge advised Mr. Franklin that he might file objections to the report
and recommendation, but no objections have been filed, and the time in which to
do so has now expired.

Based on its review of the record, the Court finds that the magistrate judge's
recommendation is sound. The Court accepts the magistrate judge’s report and
accepts his recommendation. Accordingly, the Court dismisses this petition for a
writ of habeas corpus for want of jurisdiction. A separate Final Order will be
entered.
DONE, this 27th day of May, 2016.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

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