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Wiley v. Caldwell

United States District Court, Middle District of Louisiana

January 7, 2015

CHRISTOPHER GEORGE WILEY
v.
JAMES CALDWELL, ET AL.

RULING AND ORDER

BRIAN A. JACKSON, CHIEF JUDGE

Before the Court is Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1). The Magistrate Judge has issued a Report and Recommendation (Doc. 10) recommending that Petitioner's application for habeas corpus relief be dismissed, because Petitioner is not subject to confinement by a federal court as required for relief under § 2255 and, furthermore, Petitioner has not exhausted state court remedies for the claim asserted in his Motion. Petitioner has filed a response to the Magistrate Judge's Report. (Doc. II).[1]

Having carefully considered Petitioner's Motion Under 28 U.S.C. § 2255 (Doc. 1) and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 10) and ADOPTS it as the Court's opinion in this matter. Accordingly, for the reasons explained in the Magistrate Judge's Report (Doc. 10), IT IS ORDERED that Petitioner's Motion Under 28 U.S.C. § 2255 (Doc. 1) is DISMISSED.[2]

IT IS FURTHER ORDERED that the following pending motions are DENIED AS MOOT:

• Motion to Appoint Counsel (Doc. 4);
• Motion for Writ of Mandamus (Doc. 5); and
• Motion for Speeding Trial, Apponited of Attorneys and Writ of Mandamus [sic] (Doc. 6)

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