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).

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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

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