Boyington v. Keller (INMATE 3)

Filing 14

ORDER; that the RECOMMENDATION 13 of the Magistrate Judge is ADOPTED. It is further ORDERED that the 28 U.S.C. § 2241 petition for habeas corpus relief is DISMISSED without prejudice because this case is not ripe for review and because of Petitioner's failure to exhaust administrative remedies in accordance with the procedures established by the BOP. A separate judgment shall issue. Signed by Honorable Truman M. Hobbs on 9/15/2010. (jg, )

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B o y i n g t o n v. Keller (INMATE 3) D o c . 14 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ALFRED BOYINGTON, P et it io ne r, v. ) ) ) ) ) ) ) ) ) ) O RDER T h e Magistrate Judge entered a Recommendation (Doc. #13) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #13) of the Magistrate Judge is A D O P T E D . It is further O R D E R E D that the 28 U.S.C. 2241 petition for habeas corpus relief is DISMISSED w ith o u t prejudice because this case is not ripe for review and because of Petitioner's failure to exhaust administrative remedies in accordance with the procedures established by the B O P . A separate judgment shall issue. CASE NO. 2:10-cv-152-TMH J.A. KELLER, Respondent. Dockets.Justia.com D o n e this 15 th day of September, 2010. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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