Terry v. Flourney

Filing 13

ORDER ADOPTING 10 Report and Recommendations of the Magistrate Judge as the opinion of the Court, and OVERRULES Petitioner's Objections. The Court DISMISSES Petitioner's Petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. The Court DENIES Petitioner leave to appeal in forma pauperis. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 12/8/2017. (ca)

tiniteli States!

Court

:lfor t|ie ^outl^em IBtsitrtct 0i(fleorgta
PrunsitDtck IBtiitsiion
KHALIL TERRY,
Petitioner,

CIVIL ACTION NO.: 2:17-cv-30

V.

J.V. FLOURNOY, Warden,

Respondent.

ORDER

Presently before the Court is the Magistrate Judge's
October 25, 2017, Report and Recommendation, dkt. no. 10, to

which Petitioner has filed Objections, dkt. no. 12.^

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
Petitioner's Objections.

Consequently, the Court DISMISSES

Petitioner's Petition for writ of habeas corpus, filed pursuant

^

In addition to his Objections, Petitioner has filed an amendment to

his Petition.

Dkt. No. 11.

The Court has considered that Amendment

when issuing this Order. The arguments asserted in the Amendment,
like the arguments asserted in Petitioner's original filing, do not
attack the manner in which his sentence is being executed.

Additionally, these arguments cannot be pursued through a Section 2241
Petition under the saving clause of 28 U.S.C. § 2255(e). Thus,
Petitioner's Petition, even as amended, must be dismissed.

to 28 U.S.C. § 2241.

Additionally, the Court DENIES Petitioner

leave to appeal in forma pauperis.
The Court DIRECTS the Clerk of Court to enter the

appropriate judgment of dismissal and to CLOSE this case.

SO ORDERED, this

^ day of

\/^

iON. LI^A GOD^IY-WOOD, JUDGE
JNITED^^STATES DISTRICT COURT
JOUTHERN DISTRICT OF GEORGIA

2017.