United States District Court, D. New Jersey
December 2, 2005.
DEREK ALLEN, Petitioner,
C.J. DEROSA, Warden, et al., Respondents.
The opinion of the court was delivered by: FREDA WOLFSON, Magistrate Judge
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.
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