Stephen v. Jump

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing Petition for Writ of Habeas Corpus without prejudice. 8 Motion, 5 Motion to Appoint Counsel, and 7 Motion are dismissed as moot. Clerk is directed to enter judgment of dismissal. Signed by Judge Lisa G. Wood on 10/24/17. (slt)

Download PDF
35n tlje BHniteb States! ©ibtrict Cotirt s COURT -nj Jfortlje^outl^ern©isftnrtof([l^titgfas as?/ prunjsftotck Btbtsiton AARON L. STEPHEN, Petitioner, CIVIL ACTION NO.: 2:I7-cv-94 V. NEAL JUMP, Respondent. ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's August 17, 2017, Report and Recommendation, dkt. no. 4, to which Petitioner Aaron L. Stephen {"Stephen") filed Objections, dkt. no. 6. The Court OVERRULES Stephen's Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court.^ ^ Stephen's Objections are unresponsive to the Report and Recommendation. In fact, Stephen attempts to raise entirely new facts and arguments in his Objections. Stephen's original Petition set forth conditions of confinement claims, requesting an attorney and access to an adequate law library. Dkt. No. 1, p. 3. In his Objections and subsequently filed "Amendment," dkt. no. 9, Stephen entirely changes his original Petition by challenging his parole revocation and the circumstances leading to his revocation. Even under a liberal construction, these claims are unrelated to his original Petition. If Petitioner seeks to pursue these new, unrelated claims in this Court, he must file a new petition with the requisite filing fee or motion to proceed in forma pauperis. The Court issues no opinion on the merits of those claims or whether those claims would be cognizable in a Section 2241 Petition. AO 72A (Rev. 8/82) Accordingly, the Court DISMISSES WITHOUT PREJUDICE Stephen's Petition for Writ of Habeas Corpus, brought pursuant to 28 U.S.C. § 2241, dkt. no. 1, DISMISSES AS MOOT all other pending Motions, and DENIES Stephen 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. (0 SO ORDERED, this HON. ^ISA GODBEY WOOD, JUDGE unix^d states district court 'HERN AO 72A (Rev. 8/82) DISTRICT OF GEORGIA 2017

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?