Williams v. Bethtord

Filing 10

ORDER ADOPTING 7 Report and Recommendations of the Magistrate Judge, Williams' Objections are without merit and are OVERRULED. Consequently, Williams' petition for writ of habeas corpus, and his 4 Motion for Summary Judgment are DISMIS SED, and the Clerk is DIRECTED to enter the appropriate judgment of dismissal and CLOSE this case. Furthermore, for the reasons stated in the Magistrate Judge's Report and Recommendation, William is hereby DENIED a certificate of appealability, and he is DENIED leave to appeal in forma pauperis. Signed by Chief Judge Lisa G. Wood on 8/4/2015. (ca)

R the ?&niteb Stateo flitritt Court
for the boutbern IN.Witt Of 4eoria
Waptrolo IBMItion
FRANKLIN L. WILLIAMS,
Petitioner,

*
*
*
*

CIVIL ACTION NO.: CV5 15-006

*

V.

WARDEN WILLIAM BETHTORD,
Respondent.

*
*
*
*

ORDER
Presently before the Court are Petitioner Franklin
Williams' ("Williams") Objections to the Magistrate Judge's
Report and Recommendation dated June 8, 2015. Dkt. No. 7.
After an independent and de novo review of the entire record,
the Court OVERRULES Williams' Objections and CONCURS with and
ADOPTS the Magistrate Judge's Report and Recommendation as the
opinion of the Court.
In his Objections, Williams maintains the Court has failed
to rule on issues of merit. Williams states he filed his
petition pursuant to 28 U.S.C. § 2241 because the remedy
afforded under 28 U.S.C. § 2255 is inadequate or ineffective to
challenge his conviction and sentence. Dkt. No. 9,

pp. 1-2.

Williams also states the reason his repeated claims have been

AO 72A
(Rev. 8/82)

found by this Court to be procedurally defaulted is because he
filed a complaint against the Honorable William T. Moore, Jr.,
in 2011, and a conflict of interest is present. Id. at p. 2.
Williams' Objections offer nothing more or different than
what he stated in his original filings. However, as a point of
clarification, the Court advises Williams the reason the merits
of his Section 2241 petitions are not addressed is because he
does not satisfy the savings clause, 28 U.S.C. § 2255(e) . The
Court rules in this manner because it is bound by the applicable
law, not because of any alleged conflict of interest.
Williams' Objections are without merit and are OVERRULED.
Consequently, Williams' petition for writ of habeas corpus, dkt.
no. 1, and his Motion for Summary Judgment, dkt. no. 4, are
DISMISSED, and the Clerk of Court is DIRECTED to enter the

appropriate judgment of dismissal and to CLOSE this case.
Furthermore, for the reasons stated in the Magistrate Judge's
Report and Recommendation, Williams is hereby DENIED a
certificate of appealability, and he is DENIED leave to appeal
in forma pauperis.
SO ORDERED,

this

day

LISV GDB —WeOD[ CHIEF JUDGE
UNLTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AO 72A
(Rev. 8/82)

II

2

2015.