Diehl v. Apker

Filing 28

ORDER granting 12 Motion to Dismiss; Accepted and adopting Report and Recommendations re 21 . Petitioner's 2241 Petition (Doc.1) is denied and this case is dismissed without prejudice for failure to exhaust; The Clerk of the Court shall entr judgment and close the file in this matter.. Signed by Judge Jennifer G Zipps on 8/28/2013.(JKM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-12-788-TUC-JGZ

David A. Diehl,

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Petitioner,

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vs.

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ORDER

Craig Apker,

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Respondent.

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Pending before the Court is a Report and Recommendation issued by United

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States Magistrate Judge D. Thomas Ferraro that recommends granting Respondent’s

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Motion to Dismiss and denying Petitioner’s habeas petition filed pursuant to 28 U.S.C.

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§2241. (Doc. 21.) As thoroughly explained by Magistrate Judge Ferraro, Petitioner is

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not entitled to relief as he failed to exhaust his administrative remedies prior to filing his

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Petition. As Petitioner’s objections do not undermine the analysis and proper conclusion

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reached by Magistrate Judge Ferraro, Petitioner’s objections are rejected and the Report

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and Recommendation is adopted.

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1) The Report and Recommendation (Doc. 21) is accepted and adopted;

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(2) The Motion to Dismiss filed by Respondent on January 1, 2013 (Doc. 12) is

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GRANTED;
(3) Petitioner’s §2241 Petition (Doc. 1) is denied and this case is dismissed without
prejudice for failure to exhaust;
(4) The Clerk of the Court shall enter judgment accordingly and close the file in this
matter.
Dated this 28th day of August, 2013.

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