Summary
rejecting § 2241 petitioner's argument that she was entitled to sentence credit for 17 months spent in home detention after conviction, 3 months of which were after sentencing
Summary of this case from Ramos v. FlournoyOpinion
CASE NO. 4:07-cv-00384-MP-WCS.
March 7, 2008
ORDER
This matter is before the Court on Doc. 7, Report and Recommendation of the Magistrate Judge, recommending that this case be dismissed for failure to state a claim. The time for filing objections has passed, and none have been filed. The Court agrees that Petitioner is not entitled to credit for time served for the period she was confined to house arrest awaiting sentencing. Also, her claims regarding whether a "split sentence" should have been imposed are not properly brought under 28 U.S.C. § 2241 but must be brought under § 2254. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This action is DISMISSED, and the clerk is directed to close the file.
DONE AND ORDERED