Summary
dismissing a 2241 petition challenging a detainer without prejudice to filing in the federal court with jurisdiction over the official who issued the detainer
Summary of this case from Sylvester v. New York State Board of ParoleOpinion
NO. CIV-07-0449-HE.
May 31, 2007
ORDER
Petitioner Terry Ross, a pro se prisoner, instituted this action pursuant to 28 U.S.C. § 2241, challenging a state detainer filed against him. Pursuant to 28 U.S.C. § 636(b)(1)(B), this matter was referred to Magistrate Judge Valerie K. Couch, who recommended that the petition for writ of habeas corpus be dismissed without prejudice to refiling.
Petitioner has not objected to the Report and Recommendation and, therefore, has waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1); LCvR 72.1(a). The court has also considered the merits of the action and substantially concurs with the Magistrate Judge's analysis.
Accordingly, the court ADOPTS the Report and Recommendation and DISMISSES, without prejudice to refiling, the petition for writ of habeas corpus.
IT IS SO ORDERED.