Brown v. United States of America

Filing 24

ORDER adopting 18 Final Report and Recommendation, dismissing case. Signed by Judge Thomas W. Thrash, Jr on 7/23/10. (dr)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION BOBBY LEE BROWN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ORDER This is a pro se habeas corpus action by a federal prisoner. It is before the Court on the Report and Recommendation [Doc. 18] of the Magistrate Judge recommending dismissing the Petition. For the reasons set forth in the Report and Recommendation, the Petitioner cannot use 28 U. S. C. § 2241 to challenge sentencing enhancements. In order to challenge the sentencing enhancement in a successive motion under 28 U. S. C. § 2255, he must obtain permission from the Court of Appeals. The Court approves and adopts the Report and Recommendation as the CIVIL ACTION FILE NO. 1:09-CV-2770-TWT

judgment of the Court. This action is DISMISSED.

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SO ORDERED, this 23 day of July, 2010. /s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

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