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ALLEN v. DEROSA

United States District Court, D. New Jersey


December 2, 2005.

DEREK ALLEN, Petitioner,
v.
C.J. DEROSA, Warden, et al., Respondents.

The opinion of the court was delivered by: FREDA WOLFSON, Magistrate Judge

ORDER

THIS MATTER having come before the Court on application of petitioner, Derek Allen, for habeas relief pursuant to 28 U.S.C. § 2241; and the Court having reviewed all written submissions by the petitioner and respondent; and for the reasons discussed in the accompanying Opinion;

IT IS on this 2nd day of December, 2005,

  ORDERED that petitioner's claim for relief under 28 U.S.C. § 2241, challenging the manner in which his sentence is being executed by the respondent Warden, C.J. DeRosa, is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies; and it is further

  ORDERED that petitioner's claim as against the Pennsylvania Board of Probation and Parole, challenging the validity of a warrant for detainer, is hereby DISMISSED WITH PREJUDICE for lack of "in custody" jurisdiction; and it is finally ORDERED that the Clerk is directed to serve this Order upon the parties, pursuant to the Federal Rules of Civil Procedure, and to close this file accordingly.

20051202

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