Summary
explaining that the "burden is on the habeas petitioner to allege or demonstrate inadequacy or ineffectiveness" and that it "is the inefficacy of the remedy, not the personal inability of the petitioner to utilize it, that is determinative"
Summary of this case from Santos v. RectenwaldOpinion
CIVIL NO. 1:CV-11-0062.
May 9, 2011
ORDER
AND NOW, this 9th day of May, 2011, it is ordered that upon consideration of the report and recommendation of the magistrate judge (doc. 6), filed April 8, 2011, to which no objections were filed, and upon independent review of the record, it is ordered that:
1. The magistrate judge's report is approved.
2. Petitioner's motion (doc. 2) to proceed in forma pauperis is granted.
3. Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is dismissed for lack of jurisdiction.
4. The Clerk of Court shall close this file.