Opinion
Case No. 1:05-cv-00026-MP-AK.
October 4, 2005
ORDER
This matter is before the Court on Doc. 5, REPORT AND RECOMMENDATIONS of the Magistrate Judge, recommending that Petitioner's § 2241 petition be denied because it does not fall within the savings clause of § 2255. In defendant's amended objections, the defendant relies upon Dodd v. U.S., 125 S.Ct. 2478 (2005). Dodd held that the one-year limitation period for filing a motion to vacate based on right that was newly recognized by the Supreme Court ran from the date on which the Supreme Court initially recognized the right asserted, not from the date on which the right asserted was made retroactively applicable. Unfortunately for petitioner in the instant case, however, Dodd involved a decision that the Supreme Court expressly made retroactively applicable, while the cases relied upon by the defendant in the instant case have not been expressly made retroactively applicable. Accordingly, Dodd does not apply to this case, and it is hereby
ORDERED AND ADJUDGED:
1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This action is DISMISSED, and the clerk is directed to close the file.
DONE AND ORDERED.