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Cimadevilla v. Rathman

United States District Court, N.D. Alabama, Eastern Division

December 1, 2014

HUGO CIMADEVILLA, Petitioner,
v.
JOHN RATHMAN, Warden, Respondent

Hugo Cimadevilla, Petitioner, Pro se, TALLADEGA, AL.

For John Rathman, Warden: Carolyn Williams Steverson, U.S. ATTORNEY'S OFFICE, Birmingham, AL; Erin Massey Everitt, United States Attorney's Office, Birmingham, AL.

MEMORANDUM OPINION

MADELINE HUGHES HAIKALA, UNITED STATES DISTRICT JUDGE.

This is an action on a habeas corpus petition filed pursuant to 28 U.S.C. § 2241 by a federal prisoner acting pro se, Hugo Cimadevilla. (Doc.[1] 1). Cimadevilla challenges the career offender enhancement imposed on him by the sentencing court. The magistrate judge entered an order to show cause, requiring the Government to respond. (Doc. 6). The Government responded that the petition is due to be dismissed for lack of jurisdiction. (Doc. 8). On September 2, 2014, the magistrate judge entered a report recommending that Cimadevilla's petition be denied because his claim is procedurally barred from review under 28 U.S.C. § 2255. (Doc. 11). Cimadevilla has filed no objections to the magistrate judge's report.

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 report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, Cimadevilla's petition for a writ of habeas corpus pursuant to § 2241 is due to be DISMISSED for lack of jurisdiction. See Bryant v. Warden, 738 F.3d 1253 (11th Cir. 2013). A separate final judgment will be entered.


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