Filing 11

ORDER ADOPTING 10 Report and Recommendations and DISMISSING without prejudice 1 Petition for Writ of Habeas Corpus. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 12/1/2014. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MOUSTAPHA BAYO, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE and DEPARTMENT OF HOMELAND SECURITY, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:12-CV-408 (MTT) ORDER Before the Court is the Recommendation of Magistrate Judge Stephen Hyles on the Petitioner’s application for writ of habeas corpus, construed as seeking relief pursuant to 28 U.S.C. § 2241. (Doc. 10). The Magistrate Judge recommends dismissing the petition because the Petitioner is claiming his constitutional rights have been violated based on a detainer filed by the Department of Homeland Security (“DHS”), but the Petitioner is not in the custody of DHS.1 The Petitioner has not objected to the Recommendation. The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. The Petitioner’s application for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice. 1 He is incarcerated at Macon State Prison but is not challenging his state court conviction. SO ORDERED, this 1st day of December, 2014. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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