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Terry v. Flourney, 2:17-cv-30. (2017)

Court: District Court, S.D. Georgia Number: infdco20171211982 Visitors: 17
Filed: Dec. 08, 2017
Latest Update: Dec. 08, 2017
Summary: ORDER LISA GODBEY WOOD , District Judge . Presently before the Court is the Magistrate Judge's October 25, 2017, Report and Recommendation, dkt. no. 10, to which Petitioner has filed Objections, dkt. no. 12. 1 After an independent and de novo review of the entire record, the Court CONCURS with the Magistrate Judge, ADOPTS the Report and Recommendation as the opinion of the Court, and OVERRULES Petitioner's Objections. Consequently, the Court DISMISSES Petitioner's Petition for wri
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ORDER

Presently before the Court is the Magistrate Judge's October 25, 2017, Report and Recommendation, dkt. no. 10, to which Petitioner has filed Objections, dkt. no. 12.1 After an independent and de novo review of the entire record, the Court CONCURS with the Magistrate Judge, ADOPTS the Report and Recommendation as the opinion of the Court, and OVERRULES Petitioner's Objections. Consequently, the Court DISMISSES Petitioner's Petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. Additionally, the Court DENIES Petitioner leave to appeal in forma pauperis.

The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case.

SO ORDERED.

FootNotes


1. In addition to his Objections, Petitioner has filed an amendment to his Petition. Dkt. No. 11. The Court has considered that Amendment when issuing this Order. The arguments asserted in the Amendment, like the arguments asserted in Petitioner's original filing, do not attack the manner in which his sentence is being executed. Additionally, these arguments cannot be pursued through a Section 2241 Petition under the saving clause of 28 U.S.C. § 2255(e). Thus, Petitioner's Petition, even as amended, must be dismissed.
Source:  Leagle

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