Williams v. Tamez

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge. Williams' objections are overruled. The Clerk is directed to enter the appropriate judgment of dismissal for 6 Report and Recommendations. Signed by Chief Judge Lisa G. Wood on 6/1/2011. (order was mailed to Pet'r at FCI, Fort Worth, TX 76119) (ca)

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

FRANKLIN L. WILLIAMS,
Petitioner,
:

V.

CIVIL ACTION NO.: CV5I 1..036

REBBECA TAMEZ, Warden,
Respondent.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Petitioner Franklin Williams ("Williams") asserts that
he has satisfied the requirements of 28 U.S.C. § 2255's savings clause based on the
retroactively applicable decision in Padilla v. Kentucky, - U.S. -, 130 S. Ct. 1473
(2010). Williams contends that he is actually innocent of the crime he was convicted of
in state court.
Williams filed his 28 U.S.C. § 2241 petition to attack his state court convictions.
Thus, § 2255 and its savings clause are not applicable to this petition. Additionally,
Padilla does not support Williams' actual innocence assertion. The Supreme Court
determined in Padilla that "constitutionally competent counsel would have advised
[Padilla] that his conviction for drug distribution made him subject to automatic
deportation." S. at_, 130 S. Ct. at 1478. Williams makes no assertion in this
U. -

AO 72A
(Rev. 8/82)

petition that he received ineffective assistance of counsel, and, even if he did, Padilla
would not lend support for that assertion.
Williams' Objections are overruled. The Magistrate Judge's Report and
Recommendation, as supplemented herein, is adopted as the opinion of the Court.
Williams' petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is
DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of
dismissal.
SO ORDERED, this

I

1I k&AL

day of

, 2011.

LISA GQDBEY WOOD, CHIEF JUDGE
UNITE)b STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)

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