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Pendleton v. U.S.

United States District Court, S.D. Ohio, Eastern Division
Apr 22, 2010
CRIM. NO. 2:07-CR-00181 (S.D. Ohio Apr. 22, 2010)

Opinion

CRIM. NO. 2:07-CR-00181.

April 22, 2010


OPINION AND ORDER


On April 8, 2009, the Magistrate Judge issued a Report and Recommendation (doc. 43) pursuant to Rule 4 of the Rules Governing Section 2255 Cases in the United States District Courts recommending that the instant motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 41) be dismissed, as this Court is without jurisdiction to consider petitioner's claim that he has been denied proper medication at the Medical Center for Federal Prisoners in Springfield, Missouri, since such claim must be brought in the District Court within the territorial jurisdiction of Springfield Missouri. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation (doc. 46). Petitioner contends that the District Court having jurisdiction over his claim may be biased against him.

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the reasons discussed in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED. IT IS SO ORDERED.


Summaries of

Pendleton v. U.S.

United States District Court, S.D. Ohio, Eastern Division
Apr 22, 2010
CRIM. NO. 2:07-CR-00181 (S.D. Ohio Apr. 22, 2010)
Case details for

Pendleton v. U.S.

Case Details

Full title:SAMMY LEE PENDLETON, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Apr 22, 2010

Citations

CRIM. NO. 2:07-CR-00181 (S.D. Ohio Apr. 22, 2010)