Opinion
No. 4:02-CV-506-Y
November 19, 2002
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Jorge Luis Salgado-Pena, along with the October 23, 2002, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until November 13 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings. conclusions and recommendation of the United States Magistrate Judge filed on October 23, 2002. The Court concludes that the petition for writ of habeas corpus should be dismissed, for the reasons stated in the magistrate judge's findings and conclusions.
As petitioner is unable to satisfy the "savings clause" test, this petition seeking to assert claims for relief through 28 U.S.C. § 2241 must be dismissed with prejudice to asserting such claims again through that procedure.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is therefore ORDERED that all claims made the basis of Petitioner's Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 be, and they are hereby, DISMISSED WITH PREJUDICE to their being refiled under 28 U.S.C. § 2241.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.