Deorio v. Flournoy

Filing 15

ORDER ADOPTING the Magistrate Judge's 12 Report and Recommendation as the opinion of the Court. The Court GRANTS Respondent's 9 Motion to Dismiss, DISMISSES Deorio's 28 U.S.C. § 2241 Petition, and DENIES Deorio in forma pauperis status on appeal. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 12/4/2017. (csr)

Ifn t|ie llnttel)! States! Btjeftrict Court
:lfor lift ^otttliertt IBisitrict of (f^eorgta
PrunsitDttk IBtbtsiton
SAMUEL DEORIO,
Petitioner,

CIVIL ACTION NO.: 2:17-cv-89

V.

VIC FLOURNOY,

Respondent.

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's

Report and Recommendation, dkt. no. 12, to which Petitioner
Samuel Deorio C'Deorio") filed Objections, dkt. no. 14.

The

Magistrate Judge properly analyzed the applicability of 28
U.S.C. § 2255's saving clause to Deorio's Petition.
Thus, the Court OVERRULES Deorio's Objections and ADOPTS

the Magistrate Judge's Report and Recommendation as the opinion
of the Court.

The Court GRANTS Respondent's Motion to Dismiss,

DISMISSES Deorio's 28 U.S.C.

§

2241

Petition for Writ of Habeas

Corpus, and DENIES Deorio in forma pauperis status on appeal.

A0 72A

(Rev. 8/82)

The Court DIRECTS the Clerk of Court to CLOSE this case and

enter the appropriate judgment of dismissal.

SO ORDERED, this

1

HON.

day of \A/h

I

LISA yGODBEY WOOD, JUDGE

UNITES
SOUTH

A0 72A

(Rev. 8/82)

p st;(tes district court

DISTRICT OF GEORGIA

,

2017.