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)

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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.

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SO ORDERED, this

HON. ^ISA GODBEY WOOD, JUDGE
unix^d states district court
'HERN

AO 72A

(Rev. 8/82)

DISTRICT OF GEORGIA

2017