Thomas v. Graber

Filing 12

ORDER ADOPTING 11 Report and Recommendations, The Petition for Writ of Habeas Corpus under 28 U S C 2241 is dismissed for failure to exhaust administrative remedies and denied with prejudice. The Clerk of the Court shall enter judgment and close file. Signed by Judge Cindy K Jorgenson on 05/03/12. (LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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MARLON THOMAS,
Petitioner,

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vs.

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CONRAD M. GRABER, WARDEN,
Respondent.

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No. CIV 10-602-TUC-CKJ
ORDER

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On April 6, 2012, Magistrate Judge Hector C. Estrada issued a Report and
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Recommendation (Doc. 11) in which he recommends the Petition under 28 U.S.C. § 2241
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for a Writ of Habeas Corpus be dismissed and denied. The magistrate judge advised the
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parties that any written objections were to be served and filed within 14 days of being served
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with a copy of the Report and Recommendation. No objections to the Report and
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Recommendation have been filed.
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After an independent review, the Court finds it appropriate to dismiss Petitioner's
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request for reclassification for failure to exhaust. Moreover, to the extent that Petitioner’s
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reclassification claim rises and falls with his due process challenge to the disciplinary
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proceedings, such claim is moot given that Petitioner received all due process safeguards
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required in prison disciplinary proceedings. Additionally, the Court finds it appropriate to
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deny with prejudice Petitioner’s due process challenge regarding the disciplinary decision.
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Accordingly, IT IS ORDERED:
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1.
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The Report and Recommendation (Doc. 11) is ADOPTED.

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The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is

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DISMISSED for failure to exhaust administrative remedies and DENIED WITH

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PREJUDICE.

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3.

The Clerk of the Court shall enter judgment and shall then close its file in this

matter.
DATED this 3rd day of May, 2012.

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