Opinion
No. 05-CV-0198-DRH.
October 31, 2006
ORDER
On May 15, 2006, Wa'il M. Muhannad filed a petition for writ of habeas corpus (Doc. 1) and a motion for preliminary injunction and temporary restraining order (Doc. 2). Petitioner argues that his good time credits were "retroactively terminated, forfeited, withheld and/or disallowed . . . which will result in the unlawful imprisonment of the Petitioner Thirty-three (33) days beyond the Petitioner's Mandatory Release date" (Doc. 1, p. 1).
Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("the Report") on August 8, 2006 (Doc. 12). The Report recommends that the Court deny the petition for habeas corpus and deny the motion for preliminary injunction and temporary restraining order finding, inter alia, "as there is no live case or controversy, there can be no relief afforded through § 2241." (Doc. 12, p. 4). The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service of the Report. To date, none of the parties has filed objections. The period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, the Court ADOPTS the Report (Doc. 12). The Court DENIES Petitioner's petition (Doc. 1) and his motion for preliminary injunction and temporary restraining order (Doc. 2). The Court DISMISSES with prejudice Petitioner's cause of action. The Court ORDERS the Clerk of the Court to enter judgment reflecting the same.
IT IS SO ORDERED.