Wesley v. Adduci
MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/18/2015. (AVC)
2015 Dec-18 PM 01:59
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
A. WASHINGTON ADDUCI, WARDEN,)
CIVIL ACTION NO.
Petitioner Mary Wesley, 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. 5). Therein the
Magistrate Judge recommended that the action be dismissed without prejudice for
lack of jurisdiction because Petitioner cannot satisfy the requirements of the savings
clause of 28 U.S.C. § 2255(e). (Id.). Petitioner was advised that she 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.
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
day of December, 2015.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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