Medley v. United States of America

Filing 6

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 1/30/17. (SAC )

FILED
2017 Jan-30 PM 03:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
TOMMY EUGENE MEDLEY, JR.,
Petitioner,
v.

UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
1:16-cv-1723-KOB-JEO

MEMORANDUM OPINION
This is a habeas corpus case filed by Tommy Eugene Medley, Jr., pro se.
(Doc. 1). Incarcerated at the Federal Correctional Institution in Talladega,
Alabama, Medley filed this action on October 6, 2016, under the general habeas
statute, 28 U.S.C. § 2241, and the savings clause of 28 U.S.C. § 2255(e),
challenging his federal sentence imposed by the United States District Court for
the District of Arizona. On December 19, 2016, the magistrate judge to whom the
action was referred entered a report and recommendation (“R&R”), see 28 U.S.C.
§ 636(b), on preliminary review, recommending that the petition be dismissed for
lack of jurisdiction. (Doc. 5). While Medley was advised that he had the right to
object to the R&R, the time for him to have done so has expired with no
objections having been filed.

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 a writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE
for want of jurisdiction. A separate Final Order will be entered.
DONE and ORDERED this 30th day of January, 2017.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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