Medley v. United States of America

Filing 6

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

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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. ) ) ) ) ) ) ) ) ) ) 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. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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