Pullen v. Rivera

Full title: BOBBY PULLEN, Petitioner v. DAVID RIVERA, Respondent

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Jul 8, 2020

CIVIL ACTION NO. 1:20-CV-480-P (W.D. La. Jul. 8, 2020)

Opinion

CIVIL ACTION NO. 1:20-CV-480-P

07-08-2020

BOBBY PULLEN, Petitioner v. DAVID RIVERA, Respondent

JUDGE DRELL

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 8), and after a de novo review of the record including the Objection and Exhibits filed by Petitioner (ECF No. 11), having determined that the findings and recommendation are correct under the applicable law;

IT IS ORDERED that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) is hereby DISMISSED for lack of jurisdiction, WITHOUT PREJUDICE to Petitioner seeking compassionate release in the court of conviction.

In so ruling we considered the motion to add Exhibits to Petitioner's Objections (ECF No. 12) and it has been GRANTED. However, nothing in the Exhibits impacts our findings in this case. Petitioner is still free to pursue his administrative remedies with the Bureau of Prisons.

IT IS FURTHER ORDERED that the Appeal of the Magistrate Judge's Decision (ECF No. 7) is hereby DENIED.

THUS DONE AND SIGNED at Alexandria, Louisiana, this 8^TH day of July, 2020.

/s/_________

DEE. D. DRELL

UNITED STATES DISTRICT JUDGE