Opinion
9:20-CV-655
06-23-2021
JOHNATHAN O. DANIELS, Plaintiff, v. UNITED STATES PROBATION, Defendant.
APPEARANCES: JOHNATHAN O. DANIELS Plaintiff, Pro Se 09000554 Onondaga County Justice Center 555 South State Street Syracuse, NY 13202 HON. ANTOINETTE T. BACON Acting United States Attorney for the Northern District of New York 100 South Clinton Street, Suite 9000 Syracuse, NY 13261 EMER M. STACK, ESQ. Ass't United States Attorney
| APPEARANCES: | OF COUNSEL: |
| JOHNATHAN O. DANIELSPlaintiff, Pro Se09000554Onondaga County Justice Center555 South State StreetSyracuse, NY 13202 | |
| HON. ANTOINETTE T. BACONActing United States Attorney for theNorthern District of New York100 South Clinton Street, Suite 9000Syracuse, NY 13261 | EMER M. STACK, ESQ.Ass't United States Attorney |
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. Plaintiff's amended petition is DENIED and DISMISSED; and
3. No certificate of appealability shall be issued.
IT IS SO ORDERED. Dated: June 23, 2021
Utica, New York.
/s/_________
David N. Hurd
U.S. District Judge