Smith v. Martin et al

Smith v. Martin et al

Plaintiff:	Garrin David Smith
Defendant:	Bonita Mosley
Case Number:	3:2013cv00851
Filed:	November 7, 2013
Court:	US District Court for the Southern District of Mississippi
Office:	Northern (Jackson) Office
County:	Yazoo
Presiding Judge:	Michael T. Parker
Presiding Judge:	David C. Bramlette
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
March 21, 2014	Filing 10 MEMORANDUM AND OPINION. Petitioner' s claim for habeas relief based on sentence computation errors is unexhausted and waiver of the exhaustion requirement is not warranted. The Court further finds that Petitioner's sentence validity claim s do not satisfy the savings clause, thus the Court is without jurisdiction to consider the claims in a § 2241 case. Petitioner's sentence computation claims will be dismissed without prejudice and Petitioner's sentence validity claims will be dismissed with prejudice as to the jurisdictional issue, and without prejudice in all other regards. Signed by Honorable David C. Bramlette, III on March 18, 2014.(lda)

Date Filed

Document Text

March 21, 2014

Filing 10 MEMORANDUM AND OPINION. Petitioner' s claim for habeas relief based on sentence computation errors is unexhausted and waiver of the exhaustion requirement is not warranted. The Court further finds that Petitioner's sentence validity claim s do not satisfy the savings clause, thus the Court is without jurisdiction to consider the claims in a § 2241 case. Petitioner's sentence computation claims will be dismissed without prejudice and Petitioner's sentence validity claims will be dismissed with prejudice as to the jurisdictional issue, and without prejudice in all other regards. Signed by Honorable David C. Bramlette, III on March 18, 2014.(lda)

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Plaintiff: Garrin David Smith
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Defendant: Bonita Mosley
Represented By:	Jim Hood
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