Rodriguez v. BOP - Toler House Newark, N.J.

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

JOSE RODRIGUEZ, ) ) Petitioner, ) ) v. ) Case No. CIV-20-669-J ) SCOTT YOUNG, ) ) Respondent. )

ORDER

Petitioner, a federal prisoner appearing pro se, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. [Doc. No. 1]. The matter was transferred from New Jersey, then referred for initial proceedings to United States Magistrate Judge Shon T. Erwin consistent with 28 U.S.C. § 626(b)(1)(B), (C). [Doc. Nos. 3, 5]. Respondent filed a Motion to Dismiss, Petitioner filed a Response, and Respondent filed a Reply [Doc. Nos. 12, 16, 17]. Petitioner also filed a Motion to Strike Reply. [Doc. No. 18]. On review, Judge Erwin recommended that Respondent’s Motion be denied and the Petition transferred to the District of Maryland; Judge Erwin further recommended that Petitioner’s Motion to Strike Reply be denied. [Doc. No. 19]. Petitioner was informed that he must file any objection no later than February 8, 2021, see id., but Petitioner did not object and has waived his right to appellate review of the factual and legal issues addressed in the Report and Recommendation. See Cassanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 19], DENIES Respondent’s Motion to Dismiss [Doc. No. 12], and TRANSFERS the petition for writ of habeas corpus [Doc. No. 1] to the District of Maryland. The Court also DENIES Petitioner’s Motion to Strike. [Doc. No. 18]. IT IS SO ORDERED this day of March, 2021.

BERNARD M. JONES UNITED STATES DISTRICT JUDGE