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Makwa v. Saad

United States District Court, N.D. West Virginia, Elkins

June 8, 2018

NODIN MAKWA Petitioner,
v.
JENNIFER SAAD, Respondent.

          REPORT AND RECOMMENDATION

          JAMES E. SEIBERT UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         On May 23, 2018, Nodin Makwa (“Petitioner” or “Defendant”), acting pro se, filed a Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 [ECF No. 1] (the “Petition”). Petitioner is a federal inmate housed at FCI Gilmer and is challenging the validity of his conviction obtained in United States District Court for the District of Minnesota. On May 24, 2018, the undersigned United States Magistrate Judge conducted a preliminary review of the file and determined that the petition should be construed as a motion filed pursuant to 28 U.S.C. § 2255. Because the Petitioner had not previously filed a § 2255 motion, the Court gave him notice of his right to consent to proceed under 28 U.S.C. § 2255 or to proceed as filed. ECF No. 6. On June 5, 2018, the Petitioner notified the Court that he elected to proceed on his § 2241 petition as filed. ECF No. 10. The matter is now pending before the undersigned for a Report and Recommendation pursuant to LR PL P 2. For the reasons set forth below, the undersigned recommends that the petition be dismissed for lack of jurisdiction.

         II. BACKGROUND[1]

         On December 4, 2015, a criminal complaint was filed against the Petitioner alleging that on August 8, 2015, in Beltrami County, in the State and District of Minnesota, [petitioner]

did forcibly assault, resist, oppose, impede intimidate and interfere with Beltrami County Deputy Sheriff David Hart who was assisting FBI Special Agent Christopher Dudley, while they were engaged in the performance of their official duties, and the [petitioner] used a deadly and dangerous weapon, to-wit: a Ford automobile, and inflicted bodily injury upon BSCA Deputy David Hart,
in violation of Title 18, United States Code, Section(s) 111(a)(1) and 111(b).

ECF No. 1.

         On January 5, 2016, a grand jury returned a one count indictment charging the Petitioner as follows:

         Count 1

         (Assaulting, Resisting or Impeding Certain Officers or Employees)

         On or about August 8, 2015, in the State and District of Minnesota, the [Petitioner],

NODIN MAKWA,

did forcibly assault, resist, oppose, impede, intimidate and interfere with Beltrami County Deputy Sheriff David Hart who was assisting Special Agent Christopher Dudley of the Federal Bureau of Investigation and Officer Keary Petschel of the Redcap Lake Police Department, while they were engaged in the performance of official duties, and the [Petitioner] used a deadly and dangerous weapon, to-wit: a Ford automobile, and inflicted bodily ...


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