Drane v. Warden, Corrections Reception Center et al

Filing 5

ORDER adopting Report and Recommendations re 4 Report and Recommendations. Signed by Judge James L. Graham on 3/30/2018. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jamariyo Drane,
Petitioner,
v.
Warden, Corrections Reception
Center, et al.,

Case NO. 2:18-cv-126

Respondents.
ORDER
Petitioner filed the instant habeas corpus petition pursuant
to 42 U.S.C. §2241, alleging that he is wrongfully detained due to
the decision of the Ohio Adult Parole Authority finding that he
violated the terms of his post-control release and sentencing him
to serve 229 days.

This matter is now before the court on the

March 2, 2018, report and recommendation of the magistrate judge.
The

magistrate

judge

concluded

that

regardless

of

whether

petitioner’s claims are addressed under §2241 or 42 U.S.C. §2254,
the petition should be dismissed without prejudice as unexhausted.
The report and recommendation specifically advised the parties
that objections to the report and recommendation were due within
fourteen days, and that the failure to object to the report and
recommendation “will result in a waiver of the right to have the
district judge review the Report and Recommendation de novo,” and
also operates as a waiver of the right to appeal the decision of
the district court.

Doc. 4, p. 8.

The time period for filing

objections to the report and recommendation has expired, and no
objections to the report and recommendation have been filed.
The court agrees with the report and recommendation (Doc. 4)
and it is hereby adopted.

This action is dismissed without

prejudice due to petitioner’s failure to exhaust state remedies.

Date: March 30, 2018

s/James L. Graham
James L. Graham
United States District Judge

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