Joshua Whiteley v. C. Garrett, Warden
This text of Joshua Whiteley v. C. Garrett, Warden (Joshua Whiteley v. C. Garrett, Warden) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION
JOSHUA WHITELEY PETITIONER Reg #47465-177
v. No. 2:24-cv-179-DPM
C. GARRETT, Warden RESPONDENT
ORDER On de novo review, the Court adopts the recommendation, Doc. 12, as modified and overrules Whiteley’s objections, Doc. 15. Fed. R. Civ. P. 72(b)(3). The cases Whitely relies on, Doc. 15 at 3-4, don’t control. Whitley isn’t challenging his conviction, and he isn’t seeking a remedy that would result in an earlier release from prison. This Court therefore doesn’t have jurisdiction to consider his §2241 petition. Spencer v. Haynes, 774 F.3d 467, 469-71 (8th Cir. 2014); see also Osorio-Calderon v. Sandstone, 2025 WL 2688917, at *2 (D. Minn. 19 September 2025) (listing cases). Whiteley’s petition will be dismissed for lack of subject matter jurisdiction. Dismissal will be without prejudice. Sorenson v. Sorenson, 64 FAth 969, 973-74 (8th Cir. 2023). That’s the modification. His motion, Doc. 16, is denied.
So Ordered.
D.P. Marshall Jr. United States District Judge 30 Nuon 2025
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