Burnam v. USP Lompoc et al

Filing 20

ORDER ADOPTING and ACCEPTING 19 Magistrate Judge's Report and Recommendation. The petitioner's [Amended] Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 8 ) is denied and that this action is dismissed with prejudice. The Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 10/7/13. (LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Kenneth Burnam, Petitioner, 11 12 13 14 15 vs. Dennis R. Smith, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. CV-12-00043-PHX-PGR (MHB) ORDER 16 Having reviewed de novo the Report and Recommendation of Magistrate 17 Judge Burns notwithstanding that no party has filed any objections to the Report and 18 Recommendation, the Court finds that the Magistrate Judge correctly determined 19 that the petitioner’s federal habeas petition, filed pursuant to 28 U.S.C. § 2241, 20 should be dismissed because the petitioner, a federal prisoner, failed to exhaust his 21 administrative remedies inasmuch as he did not properly appeal his disciplinary 22 sanction through the Bureau of Prison’s final administrative appeal stage. 23 The Court further finds that even if the non-exhaustion of administrative 24 remedies is excused, as requested by the petitioner, the Magistrate Judge correctly 25 determined, alternatively, that the habeas petition should be dismissed on its merits 26 because the record establishes that the petitioner was not deprived of any of his due 1 process rights inasmuch as he received all of the procedural safeguards due him 2 during his disciplinary hearing and there was sufficient evidence produced during 3 that hearing to support the disciplinary finding made against him by the prison’s Unit 4 Disciplinary Committee. Therefore, 5 6 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 19) is accepted and adopted by the Court. 7 IT IS FURTHER ORDERED that the petitioner’s [Amended] Petition Under 28 8 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 9 8) is denied and that this action is dismissed with prejudice. The Clerk of the Court 10 shall enter judgment accordingly. 11 DATED this 7th day of October, 2013. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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