Edinborough v. Haynes

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations; the Petitioner's objections are w/out merit and are overruled. That portion of the petition seeking relief pursuant to 28 U.S.C. Section 2241 as it relates to Edinbor ough's Fed Prison Camp placement is denied. The civil rights claims set forth in the petition are dismissed w/out prejudice. The Clerk is authorized and directed to enter the appropriate Judgment. Signed by Chief Judge Lisa G. Wood on 6/29/2010. (order was mailed to Petitioner at Fed Satellite Low, Jeusp, GA) (ca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

CLYDE EDINBOROUGH, Petitioner, vs. ANTHONY HAYNES, Warden, Respondent. CIVIL ACTION NO.: CV2I0-026

ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Petitioner asserts that 28 U.S.C. § 2241 is the proper vehicle for challenging his place of incarceration, and that he is qualified to be considered for placement in a less secured facility. Decisions regarding a petitioner's security classification are discretionary functions of the Bureau of Prisons. Plaintiffs Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. That portion of the petition seeking relief pursuant to 28 U.S.C. § 2241 as it relates to Edinborough's Federal Prison Camp placement is DENIED. The civil rights claims set

AO 72A (Rev. 8/82)

forth in the petition are dismissed without prejudice. The Clerk is authorized and directed to enter the appropriate Judgment. SO ORDERED, this day of , 2010.

ODBEY WOOD, CHIEF JUDGE D STATES DISTRICT COURT -IERN DISTRICT OF GEORGIA

AO 72A (Rev. I82)

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