Demesyeux v. Bradley

Filing 5

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 10/16/17. (SAC )

FILED
2017 Oct-16 PM 01:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CARLINE DEMESYEUX,
Petitioner
vs.
PATRICIA BRADLEY, Warden,
Respondent

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Case No. 7:17-cv-00714-KOB-HNJ

MEMORANDUM OPINION
On June 12, 2017, the magistrate judge entered a report recommending that the
court deny the habeas petition filed pursuant to 28 U.S.C. § 2241 because § 2255
provides an adequate and effective remedy for her claim. (Doc. 3). On June 20,
2017, the petitioner filed a “Motion to Dismiss Report and Recommendation of
Respondents of 6/12/17; Notice and Demand to Vacate for Lack of Federal
Legislative Criminal Jurisdiction,” which the court construes as objections to the
magistrate judge’s report and recommendation. (Doc. 4).
In her objections, the petitioner agrees that she could bring her jurisdictional
challenge in her initial § 2255 petition, but alleges that “she did not have the new
evidence at the time. She has discovered this new evidence recently.” (Doc. 4 at 4).
However, she fails to specifically identify this “new evidence” or explain how she
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could not have discovered this evidence prior to filing her § 2255 petition. After
reviewing the instant petition and her objections, the court agrees with the magistrate
judge that the petitioner could have brought her jurisdictional challenges to her
conviction in her initial § 2255 petition and, therefore, has no basis for her § 2241
petition. The court OVERRULES all of the petitioner’s objections.
After de novo consideration of the record in this case, including the magistrate
judge’s report and recommendation and the petitioner’s objections, the court hereby
ADOPTS the report of the magistrate judge and ACCEPTS his recommendation that
the court deny the petition for writ of habeas corpus.
The court will enter a separate order in conformity with this Memorandum
Opinion.
DONE and ORDERED this 16th day of October, 2017.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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