Thomas v. O'Brien

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 9 AND DISMISSING 1 § 2241 PETITION WITHOUT PREJUDICE. Signed by District Judge Irene M. Keeley on 7/20/11. (copy pro se petitioner via certified mail)(jcs) (Additional attachment(s) added on 7/20/2011: # 1 Certified Mail Return Receipt) (jcs).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
SOLOTHAL THOMAS,
Petitioner,
v.

//

CIVIL ACTION NO. 1:11CV30
(Judge Keeley)

WARDEN TERRY O’BRIEN,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 9)
AND DISMISSING § 2241 PETITION WITHOUT PREJUDICE
On April 18, 2011, United States Magistrate Judge James E.
Seibert issued a Report and Recommendation (“R&R”), that concluded
the pro se petitioner, Solothal Thomas (“Thomas”), a prisoner in
the custody of the Bureau of Prisons (“BOP”), had improperly filed
this action relating to the conditions of his confinement (housing
in administrative detention) under 28 U.S.C. § 2241. The Court
notes that, even had this case been properly filed under § 2241,
Thomas

has

not

presented

his

complaint

through

the

BOP’s

administrative remedy process.
Thomas did not file objections to the R&R, and the time to do
so has expired. The Court therefore ADOPTS the R&R in its entirety,
and DISMISSES the § 2241 petition WITHOUT PREJUDICE.
It is so ORDERED.
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk to
enter a separate judgment order and to transmit copies of it and

THOMAS v. O’BRIEN

1:11CV30

ORDER ADOPTING REPORT AND RECOMMENDATION
this

Order

to

all

appropriate

agencies,

and

to

the

pro

petitioner via certified mail, return receipt requested.
Dated: July 20, 2011.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

2

se