Opinion
CIVIL ACTION NO. 1:14cv526
01-08-2015
JEREMY JAMES WIMBERLY v. U.S. MARSHAL
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Jeremy James Wimberly, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for consideration pursuant to applicable orders of this court.
The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this matter. The Magistrate Judge recommends that the petition be dismissed without prejudice.
The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. After careful consideration, the court concludes that petitioner's objections are without merit. Petitioner is awaiting sentencing following a federal criminal conviction. As the Magistrate Judge stated, the proper way to challenge a federal criminal conviction is by fling a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. Further, a motion to vacate cannot be filed until the conviction has been confirmed on direct appeal.
ORDER
Accordingly, petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. A final judgment shall be entered dismissing the petition.
SIGNED this the 8 day of January, 2015.
/s/_________
Thad Heartfield
United States District Judge