Opinion
Civil No. 05-313 (DWF/AJB).
July 19, 2005
Gregory S. Bachmeier, Esq., Fishman Binsfeld Bachmeier, PA, counsel for Petitioner.
Joan D. Humes, and Lonnie F. Bryan, Assistant United States Attorneys, United States Attorney's Office, counsel for Respondents.
ORDER
Based upon the Report and Recommendation by United States Magistrate Judge Arthur J. Boylan dated June 30, 2005, with all the files and records, and no objections having been filed to said Recommendation,
IT IS HEREBY ORDERED that:
1. The petition for writ of habeas corpus pursuant to and under 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE with respect to claims challenging his detention. [Docket No. 1];
2. The petition in this matter shall be TRANSFERRED to the Eighth Circuit Court of Appeals pursuant to Section 106 of the REAL ID Act for review of petitioner's claims which challenge the administrative order of removal; and
3. Petitioner Kebba Kanteh's motion for temporary restraining order is DENIED AS MOOT [Docket No. 2].