Jennings v. Rios

Full title: WILLIAM JENNINGS, Plaintiff, v. WARDEN H.A. RIOS, JR., Defendant

Court: United States District Court, D. Colorado

Date published: Sep 12, 2006

Civil Case No. 06-cv-00316-LTB-CBS (D. Colo. Sep. 12, 2006)

Opinion

Civil Case No. 06-cv-00316-LTB-CBS.

September 12, 2006

ORDER

LEWIS BABCOCK, Chief District Judge

THIS MATTER is before me upon the recommendation of the Magistrate Judge that Applicant's 28 U.S.C. § 2241 Petition be denied and the above action be dismissed. Applicant has filed timely written objections to the Magistrate Judge's recommendation. Therefore, I have reviewed the recommendation de novo in light of the objections and file in this matter.

I first note that Applicant's argument rests principally upon a dissent in Moody v. Daggett, 429 U.S. 78 (1976). The dissent is not binding on this Court. I conclude that the Magistrate Judge's analysis of Applicant's argument concerning the timeliness of resolution of the parole violator warrant is correct.

I also conclude that the Magistrate Judge's analysis of Applicant's argument that his rehabilitation is being frustrated is also correct.

On de novo review therefore, I conclude that the Magistrate Judge's recommendation is correct. Accordingly

IT IS ORDERED that Applicant's 28 U.S.C. § 2241 Petition is DENIED and the above action is DISMISSED.