Summary
finding that § 2241 relief was unavailable through the savings clause of § 2255(e) because Rosemond has not been declared retroactively applicable by Supreme Court
Summary of this case from Aquil v. ButlerOpinion
DOCKET NO. 14-CV-761, SEC. P
08-25-2014
DERRICK DAMON RAINWATER FED. REG. #25805077 v. WARDEN WERLICH
MAGISTRATE JUDGE KIRK
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent 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 Rainwater's petition pursuant to 28 U.S.C. §2241 be denied and dismissed for lack of jurisdiction.
THUS DONE AND SIGNED, at Shreveport, Louisiana, on this 25th day of August, 2014
/s/_________
TOM STAGG
UNITED STATES DISTRICT JUDGE
WESTERN DISTRICT OF LOUISIANA