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Johnson v. United States

United States District Court, S.D. Georgia, Savannah Division

March 27, 2015

THOMAS JOHNSON, Petitioner,
v.
UNITED STATES, Respondent,

REPORT AND RECOMMENDATION

G.R. SMITH, Magistrate Judge.

Thomas Johnson, convicted in the Chatham County Superior Court of child molestation, statutory rape, and making a false statement to a police officer, has filed what he styles as a 28 U.S.C. § 2255 motion attacking his state conviction and sentence. (Doc. 1 at 1.) He previously filed a 28 U.S.C. § 2254 petition challenging the same conviction, and it was dismissed as both untimely and unexhausted. Johnson v. Lee, No. CV413-176 (S.D. Ga. Aug. 26, 2013). Seeking to make an end-run around that determination, he relies upon inapplicable statutory authority. By its own terms, § 2255 applies only to prisoners in custody under the sentence of a federal court. 28 U.S.C. § 2255(a). In effect, then, Johnson has filed a successive § 2254 petition, which he may not do. As explained in Rule 9 of the Rules Governing Section 2254 Cases in the United States District Courts, a petitioner presenting a second or successive petition ...


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