Ramsey v. Antonelli
ORDER ADOPTING REPORT AND RECOMMENDATION for 7 Report and Recommendation. Petitioners action under 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction Signed by Honorable Stephen P. Friot on 9/11/17. (kr)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
-vsB.M. ANTONELLI, Warden,
F.C.I. El Reno,
Case No. CIV-17-584-F
United States Magistrate Judge Suzanne Mitchell has issued a Report and
Recommendation, recommending that petitioner’s action under 28 U.S.C. § 2241 be
dismissed without prejudice for lack of jurisdiction.
In so recommending,
Magistrate Judge Mitchell has concluded that petitioner “fails to demonstrate that
the remedy under [28 U.S.C. § 2255] was inadequate to test the validity of his
conviction and sentence.” Doc. no. 7, p. 8.
Although advised of his right to file an objection and the consequences for his
failure to do so, petitioner has not objected to the Report and Recommendation.
With no objection filed, the court accepts, adopts and affirms the Report and
Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Suzanne Mitchell on August 8, 2017 (doc. no. 7) is ACCEPTED,
ADOPTED and AFFIRMED. Petitioner’s action under 28 U.S.C. § 2241 is
DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
IT IS SO ORDERED this 11th day of September, 2017.
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