Gamboa v. Rivera

Filing 12

ORDER adopting the 10 Findings and Recommendation with respect to the conclusion that this Court lacks jurisdiction inasmuch as Gamboa has not demonstrated that a remedy under 28 U.S.C. § 2255 is inadequate or ineffective. Gamboa's petition is therefore dismissed without prejudice. Inasmuch as this Court lacks jurisdiction, it offers no opinion on the first two grounds stated by Judge Harris for dismissing Gamboa's petition. Signed by Judge J. Leon Holmes on 7/6/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RUBEN ROMAN GAMBOA Reg #32630-077 v. PLAINTIFF No. 2:16CV00161-JLH-PSH C.V. RIVERA, Warden, FCC Forrest City, Arkansas DEFENDANT ORDER The Court has received Findings and Recommendation from United States Magistrate Judge Patricia S. Harris and objections from Ruben Roman Gamboa. Upon de novo review, the Court adopts the Findings and Recommendation with respect to the conclusion that this Court lacks jurisdiction inasmuch as Gamboa has not demonstrated that a remedy under 28 U.S.C. § 2255 is inadequate or ineffective. Gamboa’s petition is therefore dismissed without prejudice. Inasmuch as this Court lacks jurisdiction, it offers no opinion on the first two grounds stated by Judge Harris for dismissing Gamboa’s petition. IT IS SO ORDERED this 6th day of July, 2017. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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