Lanning v. Keller et al (INMATE3)

Filing 19

ORDER; that 1. Petitioner's Objection to the Recommendation of the Magistrate 15 , be and the same is hereby OVERRULED. 2. The Recommendation of the Magistrate Judge 14 be and the same is hereby ADOPTED, APPROVED, and AFFIRMED.3. Petitioner&# 039;s 28 U.S.C. § 2241 petition for habeas corpus relief 1 be and same is hereby DISMISSED without prejudice because of Lanning's failure to exhaust administrative remedies in accordance with the procedures established by the Bureau of Prisons. Signed by Honorable Ira De Ment on 8/10/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION NEIL LENWOOD LANNING, Petitioner, v. J.A. Keller, Respondent. ) ) ) ) ) ) ) ) ) Civil Action No. 2:10-cv-153-ID (WO) ORDER Before the court are the Recommendation of the Magistrate Judge (Doc. #14) and Petitioner's Objection to the Recommendation of the Magistrate Judge. (Doc. #15). Having conducted a de novo review of those portions of the Recommendation to which objections are made, it is CONSIDERED and ORDERED as follows: 1. Petitioner's Objection to the Recommendation of the Magistrate (Doc. #15), be and the same is hereby OVERRULED. 2. The Recommendation of the Magistrate Judge (Doc. #14) be and the same is hereby ADOPTED, APPROVED, and AFFIRMED. 3. Petitioner's 28 U.S.C. 2241 petition for habeas corpus relief (Doc. #1) be and same is hereby DISMISSED without prejudice because of Lanning's failure to exhaust administrative remedies in accordance with the procedures established by the Bureau of Prisons. DONE this the 10th day of August, 2010. 1 /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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