Bobby Martin v. Bryan Birkholz

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 BOBBY MARTIN, Case No. 2:23-cv-09812-AB (SHK)

Petitioner, ORDER ACCEPTING FINDINGS AND v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE

BRYAN BIRKHOLZ, Warden, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation (“Report”) of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Report recommends dismissal of the Petition, which was filed under 28 U.S.C. § 2241, without prejudice because it does not qualify for the “savings clause” of 28 U.S.C. § 2255(e). (Dkt. No. 10.) Petitioner filed Objections to the Report. (Dkt. No. 12.) For the following reasons, Petitioner’s Objections do not warrant a change in the Magistrate Judge’s findings or recommendation. Petitioner objects that he may proceed under the savings…