Victor Hernandez appeals a district court judgment adopting the magistrate judge’s report and recommendation and dismissing without prejudice his 28 U.S.C. § 2241 (2000) petition. We have reviewed the record and the district court’s order and affirm the appeal on the reasoning of the district court. We grant Hernandez leave to proceed in forma pauperis on appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *641 fore the court and argument would not aid the decisional process.

AFFIRMED