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)
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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