From Casetext: Smarter Legal Research

Lemus-Gonzalez v. Haynes

United States District Court, S.D. Georgia, Brunswick Division
Aug 1, 2011
CIVIL ACTION NO.: CV211-071 (S.D. Ga. Aug. 1, 2011)

Opinion

CIVIL ACTION NO.: CV211-071.

August 1, 2011


ORDER


After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Gonzalez claims he was not aware of the charges against him during his criminal proceeding because he was under the influence of medication. Gonzalez' Objections fail to address his failure to identify a new retroactively applicable Supreme Court decision establishing he was convicted of a nonexistent offense. He does not satisfy the savings clause of 28 U.S.C. § 2255.

Gonzalez' Objections to the Magistrate Judge's Report and Recommendation are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Gonzalez's 28 U.S.C. § 2241 Petition is DISMISSED.

SO ORDERED.


Summaries of

Lemus-Gonzalez v. Haynes

United States District Court, S.D. Georgia, Brunswick Division
Aug 1, 2011
CIVIL ACTION NO.: CV211-071 (S.D. Ga. Aug. 1, 2011)
Case details for

Lemus-Gonzalez v. Haynes

Case Details

Full title:FERNANDO LEMUS-GONZALEZ, Petitioner, v. ANTHONY HAYNES, Warden, Respondent

Court:United States District Court, S.D. Georgia, Brunswick Division

Date published: Aug 1, 2011

Citations

CIVIL ACTION NO.: CV211-071 (S.D. Ga. Aug. 1, 2011)