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)

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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

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