IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KENNETH L. BUHOLTZ, § ID # 18875-078, § Petitioner, § § v. § No. 3:24-CV-2178-X-BW § DR. S. GRANT, § Respondent. § ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with

(b)(1), the Court is of the opinion that the Findings and Conclu- sions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Petition for Writ of Habeas Corpus Under 28 U.S.C.§ 2241, received on August 26, 2024 (Dkt. No. 3), is DISMISSED without prejudice for failure to exhaust available remedies. A certificate of appealability (COA) is not required to appeal the denial of relief under

. See Padilla v. United States,

, 425 (Sth Cir. 2005). Ifthe petitioner files a notice of appeal, he must pay the $605.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SIGNED this 22nd day of January 2025.

BRANTLEY S UNITED STAAES DISTRICT JUDGE