Surtain v. Barnhart

Full title: JERMAINE SURTAIN, Petitioner v. J.A. BARNHART, Respondent

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

Date published: Jul 25, 2016

CIVIL ACTION NO. 1:16-CV-663; SECTION "P" (W.D. La. Jul. 25, 2016)

Opinion

CIVIL ACTION NO. 1:16-CV-663; SECTION "P"

07-25-2016

JERMAINE SURTAIN, Petitioner v. J.A. BARNHART, Respondent

JUDGE TRIMBLE

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after a de novo review of the record including the objections filed by Petitioner, and having determined that the findings and recommendation are correct under the applicable law;

IT IS ORDERED that the Petition for Writ of Habeas Corpus filed under § 2241 is hereby DENIED and DISMISSED. Since this Court was not the sentencing court, it does not have jurisdiction to treat Plaintiff's petition as a § 2255 motion. Thus, to the extent that the Petition could be construed as a § 2255 motion, it should be DISMISSED FOR LACK OF JURISDICTION.

THUS DONE AND SIGNED at Alexandria, Louisiana, this 25^th day of July, 2016.

/s/ _________

JAMES T. TRIMBLE, JR.

UNITED STATES DISTRICT JUDGE