Opinion
Civ. File No. 05-2604(PAM/AJB).
January 13, 2006
ORDER
This matter is before the Court on Petitioner's objections to United States Magistrate Judge Arthur J. Boylan's Report and Recommendation ("RR") dated December 13, 2005. The RR recommended that this Court grant Petitioner's Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, and order Respondent to reconsider when Petitioner should be assigned to a community confinement center. In the RR, the Magistrate Judge relied specifically on this Court's previous decision in Hayek v. Caraway, No. 05-1424, 2005 WL 3334600 (D. Minn. Dec. 7, 2005) (Magnuson, J.). That decision invalidated 28 C.F.R. §§ 570.20-.21, regulations promulgated by the Bureau of Prisons that relate to the placement of prisoners in community confinement centers.
Respondent did not file any objections to the RR. Petitioner filed objections, but did not substantively challenge any of the Magistrate Judge's findings or rulings. Instead, he merely asked the Court to order the Bureau of Prisons to immediately consider transferring Petitioner to a community confinement center. The Bureau of Prisons transferred Petitioner to a community confinement center on January 9, 2006. Thus, his Application for a Writ of Habeas Corpus is now moot.
The Magistrate Judge correctly found 28 C.F.R. §§ 570.20-.21 invalid. The Court therefore ADOPTS the RR (Clerk Doc. No. 10). However, because the Bureau of Prisons has already transferred Petitioner to a community confinement center, IT IS HEREBY ORDERED THAT Petitioner's Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Clerk Doc. No. 1) is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY.