Opinion
Case Number CIV-06-1334-C.
May 21, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner filed the present action pursuant to 28 U.S.C. § 2254, challenging the refusal of Defendants to award him earned credits. Consistent with the provisions of 28 U.S.C. § 636, this matter was referred to Magistrate Judge Bana Roberts. Judge Roberts determined that Petitioner's claim was properly considered as brought pursuant to 28 U.S.C. § 2241, as it challenges the execution of his sentence. Judge Roberts issued a Report and Recommendation ("R R") wherein she recommended Petitioner's case be dismissed without prejudice as Petitioner had failed to exhaust the available state court remedies. Petitioner has filed a Response to the R R. In that Response, Petitioner requests the Court dismiss his case so that he may return to state court and pursue his request there.
Upon review of the R R and Petitioner's Response thereto, the Court finds the thorough and well-reasoned R R should be and hereby is ADOPTED in full. This matter is DISMISSED without prejudice. A judgment shall enter accordingly.
IT IS SO ORDERED.