Zuniga Hernandez v. Stone

Filing 9

ORDER overruling 8 Objections, adopting 6 Report and Recommendations, and granting 4 Motion to Dismiss. The Court dismisses the § 2241 petition, closes this civil action, and directs the Clerk to enter the appropriate judgment of dismissal. Signed by Judge Dudley H. Bowen on 06/04/2018. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA

U.S.AUGUSiA tilY.
DISTr|t COURT
20i8JUH-'4 RM!i'33
clerk

DUBLIN DIVISION

SO.OiSFOr GA.

JUAN JOSE ZUNIGA HERNANDEZ,

Petitioner,
CV3I8-0II

V.

STACY STONE, Warden,

Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed (doc. no. 8).
Petitioner offers nothing to change the Magistrate Judge's conclusion that Petitioner has not
met his burden to show the savings clause applies to allow him to proceed with a petition
filed pursuant to 28 U.S.C. § 2241. Thus, the Court OVERRULES the objections.

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge as its opinion and GRANTS Respondent's motion to dismiss the § 2241 petition (doc.
no. 4). Therefore, the Court DISMISSES the § 2241 petition, CLOSES this civil action,

and DIRECTS the Clerk to ent^dn appropriate judgment of dismissal.
so ORDERED this

'A of June, 2018
'day

a, Georgi

STATES DISTRICT JUDGE