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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kenneth Burnam,
Petitioner,

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vs.
Dennis R. Smith, Warden,
Respondent.

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No. CV-12-00043-PHX-PGR (MHB)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Burns notwithstanding that no party has filed any objections to the Report and

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Recommendation, the Court finds that the Magistrate Judge correctly determined

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that the petitioner’s federal habeas petition, filed pursuant to 28 U.S.C. § 2241,

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should be dismissed because the petitioner, a federal prisoner, failed to exhaust his

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administrative remedies inasmuch as he did not properly appeal his disciplinary

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sanction through the Bureau of Prison’s final administrative appeal stage.

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The Court further finds that even if the non-exhaustion of administrative

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remedies is excused, as requested by the petitioner, the Magistrate Judge correctly

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determined, alternatively, that the habeas petition should be dismissed on its merits

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because the record establishes that the petitioner was not deprived of any of his due

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process rights inasmuch as he received all of the procedural safeguards due him

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during his disciplinary hearing and there was sufficient evidence produced during

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that hearing to support the disciplinary finding made against him by the prison’s Unit

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Disciplinary Committee. Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 19) is accepted and adopted by the Court.

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IT IS FURTHER ORDERED that the petitioner’s [Amended] Petition Under 28

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U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc.

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8) is denied and that this action is dismissed with prejudice. The Clerk of the Court

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shall enter judgment accordingly.

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DATED this 7th day of October, 2013.

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