Holmes v. Flournoy

Filing 28

ORDER ADOPTING 26 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DIMISSES in part and DENIES in part Holmes' Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 8/28/2017. (ca)

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JAMES COURY HOLMES,
Petitioner,

CIVIL ACTION NO.: 2:15-cv-l 12

V.

JOHN V.FLOURNOY,

Respondent.

ORDER

Presently before the Court is the Magistrate Judge's August
8, 2017, Report and Recommendation, dkt. no. 26, to which
Petitioner James Coury Holmes {^''Holmes") filed an Objection,
dkt. no. 27.

Holmes' Objection reiterates an argument presented

in his Petition.

Specifically, Holmes argues that the

sentencing court failed to order that his restitution was due
'"immediately" during his sentencing.

As a result. Holmes

contends the sentencing court improperly delegated its authority
to determine his restitution payment schedule to the Bureau of

Prisons.

As the Magistrate Judge correctly concluded in the

Report and Recommendation, Petitioner may not pursue such a

A0 72A

(Rev. 8/82)

claim via Section 2241, as it concerns the validity of his
sentence.

Therefore, after an independent and de novo review of the
entire record, the Court CONCURS with the Magistrate Judge,
ADOPTS the Report and Recommendation as the opinion of the
Court, and OVERRULES Holmes' Objection.

Consequently, the Court

DISMISSES in part and DENIES in part Holmes' Petition for Writ
of Habeas Corpus, filed pursuant to 28 U.S.C, § 2241.
Additionally, the Court DENIES Holmes leave to appeal in forma
pauperis.

The Court DIRECTS the Clerk of Court to enter the

appropriate judgment of dismissal and tg CLOSE this case.
SO ORDERED, this

, 2017.

day of

. LISA GODBEY WOOD, JUDGE
TED /STATES DISTRICT COURT
SOUTHERN

DISTRICT OF GEORGIA