Opinion
Case No. CIV-08-829-M.
November 4, 2008
ORDER
On September 18, 2008, United States Magistrate Judge Valerie Couch issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2241 challenging the execution of his sentence. Simultaneously with the filing of the Petition, Petitioner filed a Motion In Pursuant of § 2243 Issuance of Writ [docket no. 3]. The Magistrate Judge recommended that the Petition seeking habeas corpus relief pursuant to 28 U.S.C. § 2241 be summarily dismissed, and further recommended that Petitioner's Motion In Pursuant of § 2243 Issuance of Writ be denied. Petitioner was advised of his right to object to the Report and Recommendation by October 8, 2008. A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on September 18, 2008, and
(2) DISMISSES the Petition seeking habeas corpus relief pursuant to 28 U.S.C. § 2241, and
(3) DENIES the Motion In Pursuant of § 2243 Issuance of Writ.