Cardenas-Meneses v. Martin, 3:18-CV-58-DPJ-FKB. (2018)
Court: District Court, S.D. Mississippi
Number: infdco20181114f24
Visitors: 6
Filed: Nov. 13, 2018
Latest Update: Nov. 13, 2018
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This habeas petition brought pursuant to 28 U.S.C. 2241 is before the Court on the unopposed Report and Recommendation ("R&R") [15] of United States Magistrate Judge F. Keith Ball. Judge Ball recommends dismissal of Petitioner Joel Cardenas-Meneses's Petition for lack of jurisdiction. In particular, Judge Ball notes that a challenge to an underlying conviction must be brought under 28 U.S.C. 2255 in the court of conviction rather than
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This habeas petition brought pursuant to 28 U.S.C. 2241 is before the Court on the unopposed Report and Recommendation ("R&R") [15] of United States Magistrate Judge F. Keith Ball. Judge Ball recommends dismissal of Petitioner Joel Cardenas-Meneses's Petition for lack of jurisdiction. In particular, Judge Ball notes that a challenge to an underlying conviction must be brought under 28 U.S.C. 2255 in the court of conviction rather than ..
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ORDER
DANIEL P. JORDAN, III, Chief District Judge.
This habeas petition brought pursuant to 28 U.S.C. § 2241 is before the Court on the unopposed Report and Recommendation ("R&R") [15] of United States Magistrate Judge F. Keith Ball. Judge Ball recommends dismissal of Petitioner Joel Cardenas-Meneses's Petition for lack of jurisdiction. In particular, Judge Ball notes that a challenge to an underlying conviction must be brought under 28 U.S.C. § 2255 in the court of conviction rather than as a § 2241 petition in the district of incarceration. And Judge Ball explains that Cardenas-Meneses's Petition does not establish that a remedy under § 2255 is inadequate or unavailable so as to fall within the "savings clause" exception of § 2255. Cardenas-Meneses failed to file objections to the R&R, and the time to do so has now expired.
The Court, having fully reviewed the unopposed R&R, and being advised in the premises, finds that the R&R should be adopted as the opinion of the Court.
It is, therefore, ordered that the Report and Recommendation [15] of United States Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of the Court. The Petition is dismissed. A separate final judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED.
Source: Leagle
