ARNAIZ v. WARDEN, FEDERAL SATELLITE LOW (S.D.Ga. 5-1-2007)

ANTHONY ALAIMO, District Judge

After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Arnaiz contends the Magistrate Judge erroneously assumed his 28 U.S.C. § 2241 petition was filed pursuant to the savings clause of 28 U.S.C. § 2255. Arnaiz asserts he never claimed reliance on the savings clause. Arnaiz contends, by its very terms, section 2255 does not apply to a challenge to the restitution portion of a sentence; accordingly, Arnaiz asserts, because § 2255 does not apply, the savings clause of that section does not apply. Arnaiz alleges he cannot bring his restitution claims in a section 2255 proceeding.

Arnaiz's Objections are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Arnaiz's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal.