Hennington v. U.S., 4:15cr56(1). (2018)
Court: District Court, E.D. Texas
Number: infdco20181205e37
Visitors: 7
Filed: Dec. 04, 2018
Latest Update: Dec. 04, 2018
Summary: ORDER OF DISMISSAL AMOS L. MAZZANT , District Judge . This case was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation concluding that the motion to vacate, set aside, or correct sentence should be dismissed without prejudice as the relief she seeks should be filed in a petition pursuant to 28 U.S.C. 2241. Movant filed objections. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the di
Summary: ORDER OF DISMISSAL AMOS L. MAZZANT , District Judge . This case was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation concluding that the motion to vacate, set aside, or correct sentence should be dismissed without prejudice as the relief she seeks should be filed in a petition pursuant to 28 U.S.C. 2241. Movant filed objections. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the dis..
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ORDER OF DISMISSAL
AMOS L. MAZZANT, District Judge.
This case was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation concluding that the motion to vacate, set aside, or correct sentence should be dismissed without prejudice as the relief she seeks should be filed in a petition pursuant to 28 U.S.C. § 2241. Movant filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Having made a de novo review of the objections raised by Movant to the Report, the Court concludes that the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings and conclusions of the Court. Movant fails to show her § 2255 motion is appropriate. She asks the Court to assess credit for time served, which is properly raised in a petition pursuant to 28 U.S.C. § 2241, and must be filed in the district in which she is imprisoned. It is accordingly
ORDERED that the motion to vacate, set aside, or correct sentence is DISMISSED without prejudice. Movant should file a § 2241 petition in her imprisonment district. It is also
ORDERED that all motions not previously ruled on are hereby DENIED.
Source: Leagle
