Opinion
Civil Action No. 3:05CV107, (BROADWATER).
June 30, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge John S. Kaull, dated May 25, 2006. Neither party filed any objections to the Report. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and REcommendation (Document 6 in 3:05CV107) should be and is hereby ORDERED adopted.
The Court further ORDERS
1) petitioner's 28 U.S.C. § 2241 petition (Document 1) is now DENIED WITHOUT PREJUDICE so that petitioner may properly bring his claim as a 42 U.S.C. § 1983 action; and
2) the Clerk is DIRECTED to STRIKE AND DISMISS this matter from the Court's active docket.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of