Opinion
Civ. 23-0196 (JWB/DTS)
04-11-2023
Jimmy Joe Korf, Petitioner, v. Jared Rardin, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JERRY W. BLACKWELL, UNITED STATES DISTRICT JUDGE
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge David T. Schultz dated March 13, 2023. (Doc. No. 5.) No objections have been filed to that R&R in the time permitted.In the absence of timely objections, the Court reviews an R&R for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, the Court finds no clear error.
The lack of objections is likely explained by Petitioner's transfer to a facility that offers the residential drug abuse program-the relief he sought to compel through his petition. Federal Bureau of Prisons, Find an Inmate, https://www.bop.gov/inmateloc/ (last visited April 7, 2023). Regardless, the Court accepts the R&R's substantive analysis.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The March 13, 2023 Report and Recommendation (Doc. No. 5) is ACCEPTED;
2. Petitioner Jimmy Joe Korf's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.