Terry v. Flourney

Filing 18

ORDER re 7 MOTION to Dismiss, 10 Report and Recommendations. The Court OVERRULES Terry's Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court GRANTS Respondent's Motion to D ismiss, DISMISSES Terry's Petition and Amended Petition for Writ of Habeas Corpus, brought pursuant to 28 U.S.C. § 2241, and DENIES Terry leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 1/12/2018. (ca)

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M tlie ?itttteb States; IBisitrtct Conrt :lfor litsstttct of(Georgia iirunsfiiitctt BtlitOton KHALIL TERRY, Petitioner, CIVIL ACTION NO.: 2:17-cv-30 V. J.V. FLOURNOY, Warden, Respondent. ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's October 25, 2017 Report and Recommendation, dkt. no. 10, after which Petitioner Khalil Terry (^'Terry") filed an Amended Petition, dkt. no. 11, and Objections, dkt. no. 12. Accordingly, the Court OVERRULES Terry's Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. Terry's Amended Section 2241 Petition and his Objections suffer from the same infirmity as his original Petition. Specifically, the contentions he makes do not satisfy the requirements of the 28 U.S.C. § 2255(e) ''saving clause" in light of the Court of Appeals for the Eleventh Circuit's decision in McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d A0 72A (Rev. 8/82) 1076, 1081 (11th Cir. 2017). Accordingly, the Court GRANTS Respondent's Motion to Dismiss, dkt. no. 7, DISMISSES Terry's Petition and Amended Petition for Writ of Habeas Corpus, brought pursuant to 28 U.S.C. § 2241, dkt. nos. 1, 11, and DENIES Terry leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this day of HON. inSA GODBEY WOOD, JUDGE UNITEDySTA^ES DISTRICT COURT SOUTHED DISTRICT OF GEORGIA AO 72A (Rev. 8/82) / 2018.

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