Joseph v. Shultz

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations Signed by Chief District Judge Daniel P. Jordan, III on 3/11/19 (Copy mailed to Plaintiff)(MGB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
KATAY JOSEPH
V.

PETITIONER
CIVIL ACTION NO. 3:17-CV-286-DPJ-FKB

WARDEN SHULTZ

RESPONDENT
ORDER

This habeas corpus petition under 28 U.S.C. § 2241 is before the Court on the Report and
Recommendation (“R&R”) of United States Magistrate Judge F. Keith Ball [15]. Judge Ball
recommends dismissal with prejudice for lack of jurisdiction because Petitioner Katay Joseph’s
challenge to his sentence under the Armed Career Criminal Act should have been filed as a 28
U.S.C. § 2255 motion in the sentencing court. Joseph failed to file an objection to the R&R, and
the time to do so has now expired.
The Court, having fully reviewed the unopposed R&R, and being advised in the
premises, finds that the R&R should be adopted as the opinion of the Court. It is, therefore,
ordered that the Report and Recommendation [15] of United States Magistrate Judge F. Keith
Ball be, and the same is hereby, adopted as the finding of the Court. The Petition is dismissed.
A separate final judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 11th day of March, 2019.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE