Foster v. Keller (INMATE3)

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION of the Mag Judge; further ORDERING that the 28 U.S.C. § 2241 petition for habeas corpus relief is DISMISSED without prejudice because this case is not ripe for court review and because of Petitioner's failure to exhaust administrative remedies in accordance with the procedures established by the BOP. Signed by Honorable W. Harold Albritton, III on 7/1/10. (djy, )

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Foster v. Keller (INMATE3) Doc. 13 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION AUTRY FOSTER, Petitioner, v. J.A. KELLER, Respondent. ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #12) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #12) 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 court 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. CASE NO. 2:10-cv-186-WHA (WO) Done this 1st day of July, 2010. Dockets.Justia.com /s/ W. Harold Albritton UNITED STATES DISTRICT JUDGE 2

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