Opinion
9:20-CV-655
06-23-2021
JOHNATHAN O. DANIELS, Plaintiff, v. UNITED STATES PROBATION, Defendant.
APPEARANCES: OF COUNSEL JOHNATHAN O. DANIELS Plaintiff, Pro Se HON. ANTOINETTE T. BACON EMER M. STACK, ESQ. Acting United States Attorney for the Ass't United States Attorney
APPEARANCES: OF COUNSEL JOHNATHAN O. DANIELS Plaintiff, Pro Se
HON. ANTOINETTE T. BACON EMER M. STACK, ESQ. Acting United States Attorney for the Ass't United States Attorney
ORDER ADOPTING REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On June 11, 2020, pro se petitioner Johnathan O'Neal Daniels (“petitioner”) filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. No. 1. Petitioner challenges a U.S. Marshal detainer that has been in place since August 6, 2018. Id.; see also Dkt. No. 6 (amended petitioner). Broadly stated, petitioner seeks to have the detainer removed so he can post bail on the local charges for which he is currently being detained at the Onondaga County Justice Center. Id.
On May 27, 2021, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation (“R&R”') that petitioner's amended petition be dismissed. Dkt. No. 29. Petitioner has not filed objections to the R&R, and the time period in which to do so has expired.
Upon review for clear error, the R&R is accepted and adopted in all respects. See Fed. R. Civ. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 29) is accepted and adopted;
2. Plaintiffs amended petition is DENIED and DISMISSED; and
3. No certificate of appealability shall be issued.
IT IS SO ORDERED.