McClain v. Shults et al

Filing 19

ORDER denying 9 MOTION (REQUEST) for Declaratory and/or Injunctive Relief; denying 13 Motion to Clarify; adopting Report and Recommendations re 18 Report and Recommendations. Signed by Chief District Judge Daniel P. Jordan, III on 2/9/18 (PKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
REGINALD MCCLAIN
V.

PETITIONER
CIVIL ACTION NO. 3:16-CV-956-DPJ-FKB

WARDEN L. SHULTS, ET AL.

RESPONDENTS
ORDER

Petitioner Reginald McClain, an inmate housed in the Federal Correctional Complex in
Yazoo City, Mississippi, brought this 28 U.S.C. § 2241 petition challenging a sentence
enhancement applied in his March 24, 2011 sentencing in the Middle District of Georgia.
McClain filed a Motion for Injunctive Relief [9] as well as a Motion to Clarify [13]. United
States Magistrate Judge F. Keith Ball entered a Report and Recommendation (“R&R”) [18] in
which he recommended that McClain’s motions be denied and his petition be dismissed with
prejudice as McClain’s claims relating to sentence-enhancement determinations are not properly
brought under §2241.
McClain failed to file an Objection to the R&R, and the time to do so has now expired.
The Court, having reviewed the unopposed R&R, finds that it should be adopted as the opinion
of this Court.
It is, therefore, ordered that the R&R [18] of United States Magistrate Judge F. Keith Ball
be, and the same is hereby, adopted as the finding of this Court. McClain’s motions [9, 13] are
denied, and his Petition [1] is dismissed with prejudice. A separate judgment will be entered in
accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 9th day of February, 2018.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE