Mikell Jr. v. Warden Allenwood Federal Correctional Institution

Filing 13

ORDER granting 7 Motion to Dismiss; adopting re 10 Report and Recommendations and dismissing case. Signed by Judge B. Avant Edenfield on 6/13/11. (bcw)

u.:.

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

21111 JUNA 13 MIO : I

BOB AARON MIKELL, JR.,
Petitioner,
V.

CIVIL ACTION NO.: CV611-020

DAVID J. EBBERT, Warden, and
SAMUEL S. OLENS, Attorney
General,
Respondents

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 Bob Mikell ("Mikell") once again
challenges his convictions obtained in Candler County Superior Court. As the
Magistrate Judge concluded, Mikell can challenge his state court convictions only to the
extent the expired convictions have served to enhance his current federal sentence.
Additionally, Mikell must challenge his enhanced federal sentence pursuant to 28
U.S.C. § 2255, not pursuant to 28 U.S.C. § 2254 as he attempts to do in the present
case.
The Magistrate Judge's Report and Recommendation is adopted as the opinion
of the Court. Respondents' Motion to Dismiss is GRANTED. Mikell's petition for writ of

AD 72A
(Rev. 882)

H,

habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED. The Clerk of Court
is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

1.3 day of

'2011.

B. AVANT EDE(FIELEX JUDGE
UNITED STAT S DISTRICT COURT
J
SOUTHERN DISTRICT OF GEORGIA

AD 72A
(Rev. 8/82)