Summary
dismissing a prisoner's § 2241 petition alleging a violation of the IADA, where he failed to file an action in the Tennessee state courts challenging the validity of his Tennessee detainer under the IADA prior to seeking relief under § 2241
Summary of this case from Phipps v. Ky. State Parole Bd.Opinion
CIVIL CASE NO. 6:07-89-KKC.
May 15, 2007
ORDER
On March 15, 2007, Pro Se Petitioner, Mario Miles, filed a petition for writ of habeas corpus [Rec. No. 1]. Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration.
The Magistrate Judge filed a proposed report and recommendation on April 18, 2007. Based on a review of the record and the applicable case law, the Magistrate Judge concluded that the petition should be dismissed without prejudice for failure to exhaust available state remedies. The Petitioner made no objections to the report and recommendation.
Accordingly, the Court, being otherwise fully and sufficiently advised, HEREBY ORDERS that:
(1) the Magistrate Judge's report and recommendation [Rec. No. 2] is ADOPTED as and for the opinion of the Court;
(2) the petition for writ of habeas corpus [Rec. No. 1] is DISMISSED WITHOUT PREJUDICE; and
(3) judgment will be entered contemporaneously with this opinion and order.