Jackson v. McCollum

Filing 18

ORDER ADOPTING 8 REPORT AND RECOMMENDATION; mailed to Joseph Macastle Jackson #113907 SAYRE-NFCC 1605 E Main Sayre, OK 73662. Signed by Honorable Robin J. Cauthron on 5/10/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOSEPH M. JACKSON,

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Petitioner,
vs.
TRACY McCOLLUM, Warden,
North Fork Correctional Center,
Respondent.

No. CIV-17-183-C

ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner filed the present action pursuant to 28 U.S.C. § 2241 seeking an
adjustment to his sentence calculation.

Pursuant to the provisions of 28 U.S.C.

§ 636(b)(1)(B), the matter was referred to United States Magistrate Judge Suzanne
Mitchell, who entered a Report and Recommendation (“R&R”) on April 4, 2017,
recommending the Petition be denied. Petitioner has timely objected. Petitioner also
seeks leave to amend his Petition.
The substantive facts and law are accurately set out in Judge Mitchell’s R&R and
there is no purpose to be served in repeating them yet again. As Judge Mitchell noted,
Petitioner has failed to demonstrate and cannot demonstrate any entitlement to the relief he
seeks. Nothing in Petitioner’s Objection to the R&R or his Amended Objection to the
R&R warrants additional discussion or offers any basis to alter Judge Mitchell’s findings.
Accordingly, habeas relief is not warranted.
To the extent Petitioner seeks leave to amend, the Court finds the amendments
sought by Petitioner would be futile.

Each of the proposed amendments is either

subsumed within the discussion and analysis in the R&R or raises an entirely new issue.
Any new issue would constitute a second or successive petition. The Court is without
jurisdiction to consider a second or successive petition absent authorization from the Tenth
Circuit. See 28 U.S.C. § 2244(b)(3)(A). Consequently, the amended § 2254 requested
by Petitioner would necessarily be dismissed for lack of jurisdiction. Thus, the proposed
amendment is futile.
As set forth more fully herein, the Court adopts, in full, the Report and
Recommendation of the Magistrate Judge (Dkt. No. 8). Petitioner’s Motion for Summary
Judgment (Dkt. No. 10); Request for Evidentiary Hearing (Dkt. No. 13); Request for
Appointment of Counsel (Dkt. No. 14); and Motion for Leave to File an Amended Petition
(Dkt. No. 16) are DENIED. A separate judgment will issue.
IT IS SO ORDERED this 10th day of May, 2017.

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