Michael O. Devaughn v. U.S. Marshals Service, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-10157
Non-Argument Calendar
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D.C. Docket No. 2:12-cv-01791-WMA-TMP
MICHAEL O. DEVAUGHN,
Petitioner-Appellant,
versus
U.S. MARSHALS SERVICE,
SHERIFF OF JEFFERSON COUNTY JAIL,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Alabama
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(April 14, 2016)
Before TJOFLAT, HULL and JILL PRYOR, Circuit Judges.
PER CURIAM:
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Michael DeVaughn, a pro se California state prisoner, filed this action
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,
403 U.S. 388, 91 S. Ct. 1999 (1971), alleging statutory violations in connection
with his arrest by the United States Marshals Service and seeking injunctive relief
to remove a federal detainer issued by the U.S. Parole Commission. The
government moved to dismiss DeVaughn’s Bivens complaint. The Magistrate
Judge’s Report and Recommendation recommended dismissing without prejudice
DeVaughn’s Bivens complaint, also construed as a 28 U.S.C. § 2241 habeas
corpus petition, because, inter alia, DeVaughn was incarcerated in California and
the federal detainer was issued in Virginia. The district court agreed and dismissed
DeVaughn’s complaint without prejudice.
DeVaughn appeals the district court’s dismissal of his complaint. After
review, we affirm the district court’s dismissal without prejudice and find no
reversible error in the Magistrate Judge’s Report and Recommendation, which the
district court adopted.
AFFIRMED.
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