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George v. Stamper

United States District Court, M.D. Alabama, Northern Division

September 2, 2014

ELMO ANTONIO GEORGE, #XXXXX-XXX, Petitioner,
v.
DENNIS W. STAMPER, Respondent.

ORDER

W. KEITH WATKINS, Chief District Judge.

On August 4, 2014, the Magistrate Judge filed a Recommendation (Doc. # 4), to which Petitioner filed a timely objection (Doc. #5). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b).

Accordingly, it is ORDERED as follows:

1. Petitioner's objection (Doc. # 5) is OVERRULED.

2. The Recommendation (Doc. # 4) is ADOPTED.

3. The petition for writ of habeas corpus under 28 U.S.C. § 2241 is

DISMISSED without prejudice as Petitioner has not demonstrated his entitlement to proceed under that section and this court lacks jurisdiction to hear a challenge to Petitioner's conviction and sentence under 28 U.S.C. § 2255.


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