Reed v. Fox ( 2019 )


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  • IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JEROME A. REED, ) Petitioner, VS. NO. CIV-19-0674-HE JOHN B. FOX, Warden, Respondent. ORDER Jerome A. Reed, a federal prisoner housed at the Federal Transfer Center, filed a § 2241 Petition for Writ of Habeas Corpus pursuant to the savings clause of 28 U.S.C. § 2255(e). Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Suzanne Mitchell for initial proceedings. Judge Mitchell has issued a Report and Recommendation recommending that the petition be dismissed because it does not present claims that fall within the savings clause. Petitioner has failed to object to the Report thereby waiving his right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Being in substantial agreement, the court ADOPTS the Report and Recommendation [Doc. #7]. Petitioner’s action is DISMISSED without prejudice. IT ISSO ORDERED. Dated this 13th day of September, 2019. JC TON Ul STATES DISTRICT JUDGE

Document Info

Docket Number: 5:19-cv-00674

Filed Date: 9/13/2019

Precedential Status: Precedential

Modified Date: 6/27/2024