Summary
concluding § 2241 petition was moot where petitioner had paid in full his felony assessment and thus was no longer a participant in the IFRP
Summary of this case from Scott v. WilsonOpinion
No. CV 13-1202-MWF (PLA)
08-29-2013
RICHARD BENITEZ, Petitioner, v. WARDEN McGREW, Respondent.
ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION
Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's report and recommendation. The Court agrees with the recommendations of the magistrate judge.
ACCORDINGLY, IT IS ORDERED:
1. The report and recommendation is adopted.
2. Respondent's Motion to Dismiss is granted, without leave to amend.
3. Judgment shall be entered consistent with this order.
4. The clerk shall serve this order and the judgment on all counsel or parties of record.
_________________________________
HONORABLE MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE