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Thomas v. Jeter

United States District Court, N.D. Texas, Fort Worth Division
Mar 28, 2005
Civil Action No. 4:04-CV-880-Y (N.D. Tex. Mar. 28, 2005)

Opinion

Civil Action No. 4:04-CV-880-Y.

March 28, 2005


ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS


In this action brought by petitioner Nathaniel Howard Thomas under 28 U.S.C. § 2241, the Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on March 11, 2005; and
3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on March 23, 2005.

The Court, after de novo review, concludes that Thomas's objections must be overruled, and that the Respondent's motion to dismiss should be granted such that the petition for writ of habeas corpus under 28 U.S.C. § 2241 be dismissed for lack of jurisdiction, for the reasons stated in the magistrate judge's findings and conclusions.

To the extent Thomas argues that an inability to pursue relief under 28 U.S.C. § 2241 amounts to an unconstitutional suspension of the writ of habeas corpus, the Court of Appeals for the Fifth Circuit has rejected such argument. See Wesson v. U.S. Penitentiary Beaumont, Tx., 305 F.3d 343, 346-47 (5th Cir. 2002) (finding as "without merit," § 2241 petitioner's claim that if neither § 2255 or § 2241 is available to him to challenge his conviction then an unconstitutional suspension of the writ occurred).

It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED, as modified herein.

It is further ORDERED that Respondent's motion to dismiss [docket no. 8] be, and is hereby, GRANTED.

It is further ORDERED that Thomas's petition for writ of habeas corpus under 28 U.S.C. § 2241 be, and is hereby, DISMISSED for lack of jurisdiction.


Summaries of

Thomas v. Jeter

United States District Court, N.D. Texas, Fort Worth Division
Mar 28, 2005
Civil Action No. 4:04-CV-880-Y (N.D. Tex. Mar. 28, 2005)
Case details for

Thomas v. Jeter

Case Details

Full title:NATHANIEL HOWARD THOMAS, Petitioner, v. COLE JETER, Warden, FMC-Fort…

Court:United States District Court, N.D. Texas, Fort Worth Division

Date published: Mar 28, 2005

Citations

Civil Action No. 4:04-CV-880-Y (N.D. Tex. Mar. 28, 2005)