Lees v. Warden Talladega FCI
Filing
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MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/1/2018. (AFS)
FILED
2018 Oct-01 PM 12:26
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
KEVIN LEROY LEES,
Petitioner,
v.
WARDEN TALLADEGA FCI,
Respondent.
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Case No.: 1:17-cv-01844-AKK-HNJ
MEMORANDUM OPINION
This action proceeds on a petition for a writ of habeas corpus filed by Kevin
Leroy Lees, pro se, pursuant to 28 U.S.C. § 2241. Doc. 1. Lees challenges the
validity of his 2011 conviction and resulting sentence in the United States District
Court for the Western District of Oklahoma. On August 27, 2018, the magistrate
judge entered a report and recommendation finding the petition proceeds properly
under 28 U.S.C. § 2255, rather than § 2241. Doc. 13. Because Lees previously
filed a § 2255 petition, the magistrate judge concluded § 2255 renders the petition
at bar improperly successive, and thus, subject to denial.
Id.
Although the
magistrate judge advised the parties of their right to file objections to the report
and recommendation, neither party filed an objection.
Having carefully reviewed and considered de novo all the materials in the
court file, including the magistrate judge’s Report and Recommendation, the court
ADOPTS the magistrate judge’s findings and ACCEPTS his recommendation.
Accordingly, the court DENIES Lees’s petition for a writ of habeas corpus.
A separate Final Order will be entered.
DONE the 1st day of October, 2018.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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