BAYO v. UNITED STATES DEPARTMENT OF JUSTICE

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)

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.

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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