Gartrell v. Rathman, No. 1:2014cv01480 - Document 5 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/19/2014. (JLC)

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Gartrell v. Rathman Doc. 5 FILED 2014 Dec-19 PM 04:26 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION TOREY GARTRELL, Petitioner, v. JOHN RATHMAN, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:14-cv-1480-VEH-JEO MEMORANDUM OPINION In this case, Petitioner Torey Gartrell, a federal prisoner acting pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and the “savings clause” of 28 U.S.C. § 2255(e). (Doc. 1). The magistrate judge has entered a report and recommendation, see 28 U.S.C. § 636(b)(1)(B), LR 72.1(b)(3)(A), recommending that the action be dismissed for want of jurisdiction. (Doc. 4). No objections have been filed, and the time allowed for doing so has expired. Having carefully reviewed and considered de novo all the materials in the court file, including the magistrate judge’s report and recommendation, the court is of the opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, the petition for writ of habeas corpus is due to be DISMISSED for lack of jurisdiction. A separate final order will be entered. DONE, this the 19th day of December, 2014. VIRGINIA EMERSON HOPKINS United States District Judge 2

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