EDWARDS v. HASTINGS, CV214-041. (2014)
Court: District Court, S.D. Georgia
Number: infdco20140624953
Visitors: 13
Filed: Jun. 22, 2014
Latest Update: Jun. 22, 2014
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner James Edwards ("Edwards") filed Objections. In his Objections, Edwards contends that his appointed counsel gave him erroneous advice, which resulted in the voluntary dismissal of his direct appeal and not filing a 28 U.S.C. 2255 motion. Even if Edwards' counsel's advice resulted in Edw
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner James Edwards ("Edwards") filed Objections. In his Objections, Edwards contends that his appointed counsel gave him erroneous advice, which resulted in the voluntary dismissal of his direct appeal and not filing a 28 U.S.C. 2255 motion. Even if Edwards' counsel's advice resulted in Edwa..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner James Edwards ("Edwards") filed Objections. In his Objections, Edwards contends that his appointed counsel gave him erroneous advice, which resulted in the voluntary dismissal of his direct appeal and not filing a 28 U.S.C. § 2255 motion. Even if Edwards' counsel's advice resulted in Edwards not pursuing his claims until this 28 U.S.C. § 2241 petition, Edwards has not shown that the section 2255 remedy has been rendered inadequate or ineffective to challenge the validity of his conviction and/or sentence. Edwards does not satisfy § 2255(e)'s savings clause, and he cannot proceed with this § 2241 petition.
Edwards' Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED, and Edwards petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.
Source: Leagle
