Cobb v. Myers

W.D. Louisiana

Cobb v. Myers

DecidedFebruary 18, 2020

Docket2:19-cv-01451

StatusUnknown

This text of Cobb v. Myers (Cobb v. Myers) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cobb v. Myers, (W.D. La. 2020).

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Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

JIMMY COBB #00504-120 CASE NO. 2:19-CV-01451 SEC P VERSUS JUDGE JAMES D. CAIN, JR. WARDEN MYERS MAGISTRATE JUDGE KAY

JUDGMENT Before the court is a Report and Recommendation [doc. 5] filed in response to the petition for writ of habeas corpus brought under 28 U.S.C. § 2241 by pro se petitioner Jimmy Cobb and recommending that the matter be dismissed with prejudice. Cobb has not filed any objections to the report and recommendation, and his time for doing so has passed. The undersigned agrees that Cobb has failed to establish a right to relief under the savings clause of 28 U.S.C. § 2255 and that his petition must therefore be dismissed for lack of jurisdiction. A dismissal for lack of jurisdiction, however, must be made without prejudice as to the merits of the petition. E.g., Reed v. Young, 471 F. App’x 284, 285 (5th Cir. 2012) (unpublished). Accordingly, IT IS ORDERED, ADJUDGED, and DECREED that this matter be DISMISSED WITH PREJUDICE as to the jurisdictional issue only and DISMISSED WITHOUT PREJUDICE in all other regards. THUS DONE AND SIGNED in Chambers on this 18th day of February, 2020. Se JAMES D. CAIN, A . UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

JIMMY COBB #00504-120 CASE NO. 2:19-CV-01451 SEC P VERSUS JUDGE JAMES D. CAIN, JR. WARDEN MYERS MAGISTRATE JUDGE KAY

JUDGMENT Before the court is a Report and Recommendation [doc. 5] filed in response to the petition for writ of habeas corpus brought under 28 U.S.C. § 2241 by pro se petitioner Jimmy Cobb and recommending that the matter be dismissed with prejudice. Cobb has not filed any objections to the report and recommendation, and his time for doing so has passed. The undersigned agrees that Cobb has failed to establish a right to relief under the savings clause of 28 U.S.C. § 2255 and that his petition must therefore be dismissed for lack of jurisdiction. A dismissal for lack of jurisdiction, however, must be made without prejudice as to the merits of the petition. E.g., Reed v. Young, 471 F. App’x 284, 285 (5th Cir. 2012) (unpublished). Accordingly, IT IS ORDERED, ADJUDGED, and DECREED that this matter be DISMISSED WITH PREJUDICE as to the jurisdictional issue only and DISMISSED WITHOUT PREJUDICE in all other regards. THUS DONE AND SIGNED in Chambers on this 18th day of February, 2020. Se JAMES D. CAIN, A . UNITED STATES DISTRICT JUDGE

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Cobb v. Myers, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-myers-lawd-2020.

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