Gardner v. Warden

Filing 8

ORDER adopting 7 Report and Recommendation. Petitioner's federal habeas Petition (Dkt. 1 ) is construed as a Motion for sentence modification (compassionate release) under 18 U.S.C. § 3582(c)(1) and shall be filed in the matter United States v. Gardner, No. 2:21-cr-00191-RAJ-1 (W.D. Wash. 2021) (Jones, J.). Petitioner's federal habeas Petition (Dkt. 1 ) is dismissed without prejudice. Signed by U.S. District Judge John C. Coughenour. (KRA) (cc: Petitioner via USPS)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 JAMAL GARDNER, 8 9 10 v. ORDER ADOPTING REPORT AND RECOMMENDATION WARDEN, FEDERAL DETENTION CENTER, SEATAC, Respondent. 11 12 CASE NO. 2:24-cv-01413-JCC-GJL Petitioner, The Court, having reviewed the Report and Recommendation of Magistrate Judge Grady 13 J. Leupold, objections to the Report and Recommendation, if any, and the remaining record, does 14 hereby find and ORDER: 15 (1) The Court adopts the Report and Recommendation. 16 (2) Petitioner’s federal habeas Petition (Dkt. 1) is construed as a Motion for sentence modification (compassionate release) under 18 U.S.C. § 3582(c)(1) and shall be filed in the matter United States v. Gardner, No. 2:21-cr-00191-RAJ-1 (W.D. Wash. 2021) (Jones, J.). (3) Petitioner’s federal habeas Petition (Dkt. 1) is dismissed without prejudice. (4) The Clerk is directed to send copies of this Order to Petitioner and to the Hon. Grady J. Leupold. 17 18 19 20 21 22 23 24 DATED this 23rd day of October, 2024. A JOHN C. COUGHENOUR United States District Judge ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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