JOE HEATON, Chief District Judge.
Defendant Majid Iranpour Mobarekeh moved for reduction of his sentence, claiming he has been wrongfully denied the opportunity to participate in a Residential Drug Abuse Program while incarcerated. However, defendant is in substance challenging the execution of his sentence and judicial relief is available, if at all, only by a habeas corpus petition pursuant to 28 U.S.C. §2241. See
The magistrate judge issued a Report and Recommendation, noting that a § 2241 petition must be filed in the district where the petitioner is confined as it typically attacks the execution, rather than the validity, of a sentence. Because defendant is currently serving his sentence in Texas, the magistrate judge concluded the court lacks jurisdiction to consider his petition. He should have filed it in the federal court of the judicial district where he is incarcerated.
Defendant did not file an objection to the Report and Recommendation. Instead he again asks the court to reduce his sentence, citing as authority for the relief sought, 18 U.S.C. §§ 3353(a), (a)(4)(A), (a)(5).
The court agrees with Magistrate Judge Mitchell's analysis and adopts her Report and Recommendation. Accordingly, construing plaintiff's motion as a petition asserting a claim for relief under 28 U.S.C. § 2241, the court concludes the petition must be dismissed without prejudice for lack of jurisdiction.