UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

NATHAN PARKE BATEMAN, ) ) Petitioner, ) ) v. ) Case No. 2:21-cv-01467-ACA-JHE ) WARDEN SEAN SNIDER, et al., ) ) Respondents. )

MEMORANDUM OPINION AND ORDER

Petitioner Nathan Parke Bateman filed a second amended pro se petition for a writ of habeas corpus pursuant to

. (Doc. 7). The magistrate judge recommended that the court grant the respondents’ motion for summary dismissal, to the extent Mr. Bateman seeks relief pursuant to

and dismiss the claims for lack of jurisdiction pursuant to the saving clause of

(e). (Doc. 28). The magistrate judge further recommended that the court notify Mr. Bateman that it intended to recharacterize the petition as a motion to vacate, set aside, or correct sentence pursuant to

, and grant Mr. Bateman leave to amend or withdraw the motion. (Id.); see Castro v. United States,

(2003). No objections have been filed. The parties’ failure to file specific objections waives any challenge to the proposed findings and recommendations. See

(b)(1); 11th Cir. R. 3-1. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, it is ORDERED that the respondents’ motion for summary dismissal is GRANTED, to the extent Mr. Bateman seeks relief pursuant to

. The court notifies Mr. Bateman that it intends to recharacterize his second amended petition as a motion to vacate, set aside, or correct

sentence under

, and warns Mr. Bateman that the recharacterization will subject any subsequent § 2255 motion he files to the restriction on second or successive motions under § 2255(h). See Castro, 540 US. at 383. Accordingly, it is ORDERED that Mr. Bateman shall have fourteen days from the entry date of this memorandum opinion and order to (1) file an amended motion to vacate, set aside, or correct sentence under §

to include all available claims; or (2) withdraw the motion. DONE and ORDERED this February 24, 2023. Lo UNITED STATES DISTRICT JUDGE