Opinion
CIVIL ACTION NO. 1:14CV5
04-23-2014
JOE WALLACE PEELES, III, Petitioner, v. TERRY O'BRIEN, Warden, Respondent.
(Judge Keeley)
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 18]
On January 6, 2014, the pro se petitioner, Joe Wallace Peeples, III ("Peeples"), filed an application for habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge James E. Seibert for initial screening and a Report and Recommendation ("R&R") in accordance with LR PL P 2.
On March 4, 2014, Magistrate Judge Seibert issued an R&R, in which he recommended that Peeples' § 2241 petition be denied without prejudice and that all pending motions be denied as moot. (Dkt. No. 18). The magistrate judge determined that Peeples is not entitled to file the instant § 2241 action because he is not contesting the validity of his arrest or incarceration.
The magistrate judge also informed Peeples of his right to re-file his complaint as a Bivens action.
Although the R&R specifically warned Peeples that his failure to object to the recommendations would result in the waiver of any appellate rights he might otherwise have on these issues. Peeples did not object to any of the magistrate judge's recommendations. Consequently, finding no clear error, the Court ADOPTS the Report and Recommendation in its entirety, (dkt. no. 18), DENIES WITHOUT PREJUDICE the § 2241 petition, (dkt. no 1), DENIES AS MOOT all pending motions, and ORDERS that this case be DISMISSED WITHOUT PREJUDICE and stricken from the Court's active docket.
Even though Peeples did file an "objection" to the magistrate judge's R&R, (dkt. no. 21), his objection was made solely to note that he was being truthful about the claims contained in his complaint. He conceded in his objection that he did not oppose any of the magistrate judge's recommendations. Id.
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It is so ORDERED.
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se petitioner, certified mail, return receipt requested.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE