Opinion
NO. CV-07-176-AMJ.
July 27, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING PETITION AND DENYING MOTION
BEFORE THE COURT is the Report and Recommendation to dismiss Mr. Beito's pro se Habeas Corpus Petition pursuant to 28 U.S.C. § 2241 (Ct. Rec. 26). Petitioner is proceeding in forma pauperis and recently informed the court he has been released from incarceration. Consequently, his desired remedy of immediate release has been rendered moot.
In addition, because Mr. Beito was not challenging the execution of his sentence, 28 U.S.C. § 2241 was not the appropriate provision under which to proceed. Petitioner was advised, to the extent he wished to challenge the conditions of confinement, he must do so in a separate action pursuant to 42 U.S.C. § 1983, after he has exhausted available administrative remedies. See 42 U.S.C. § 1997e(a).
Finally, the magistrate judge determined under Younger v. Harris, 401 U.S. 37, 53-54 (1971), that abstention was appropriate under the circumstances of Mr. Beito's case. Petitioner filed no objections. The Motion for Appointment of Counsel (Ct. Rec. 28), letter (Ct. Rec. 29) and three "Statements" (Ct. Recs. 30, 31 and 32) are not responsive to the Report and Recommendation.
Accordingly, for the reasons set forth above and in the Report and Recommendation, IT IS ORDERED the Report and Recommendation (Ct. Rec. 26) is ADOPTED in its entirety and the Petition is DISMISSED without prejudice to Mr. Beito pursuing appropriate remedies in the Washington State courts. IT IS FURTHER ORDERED all pending motions are DENIED as moot. IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, forward a copy to Petitioner at his last known address and close the file.