Johnson v. United States Of America

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations. Petitioner's Motion to Modify and Correct Sentence (Doc. 1), which this Court construes as seeking relief under 28 U.S.C. § 2241, is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close this case. Signed by Judge William T. Moore, Jr on 2/2/17. (jlm)

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

JARROD JOHNSON,

Petitioner,
CASE NOS. CV416-263

V,

CR413-065

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before

the

Court

is

the

Recoimnendation (Doc. 6), to

Magistrate

which

Judge's

Report

and

objections have been filed

(Doc. 8). After a careful de novo review of the record, the
Court concludes that Petitioner's objections are without merit.

Accordingly, the Report and Recommendation is ADOPTED as the
Court's opinion in this case. As a result. Petitioner's Motion
to

Modify

and

Correct

Sentence

(Doc.

1),

which

this

Court

construeil|i as seeking relief under 28 U.S.C. § 2241, is DISMISSED

oa

I "

vWI^BOUT jPREJUDICE. The Clerk of Court is DIRECTED to close this
c\;

::cas^.
i

I^DERED this

4/^
day of February 2017.

cr

u
u

WILLIAM T. MOORE, JR.
c>

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

^ As made clear in the Report and Recommendation, Petitioner
cannot use Federal Rule of Criminal Procedure 35 to attack his

sentence and his request actually seeks relief under 28 U.S.C.
§ 2241.