TANKERSLEY v. FISHER

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. The petition for writ of habeas corpus under § 2241 (Doc. 1) is DISMISSED WITHOUT PREJUDICE to afford Petitioner an opportunity to exhaust his administrative remedies in accordance with BOP procedures. Signed by District Judge M CASEY RODGERS on 9/22/08. (lcu)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION W ILLIAM H. TANKERSLEY, Petitioner, vs. SCOTT P. FISHER, WARDEN, Respondent. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 11, 2008 (Doc. 5). Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted. Acco rdin gly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. The petition for writ of habeas corpus under § 2241 (Doc. 1) is DISMISSED WITHOUT PREJUDICE to afford Petitioner an opportunity to exhaust his administrative remedies in accordance with BOP procedures. DONE AND ORDERED this 22nd day of September, 2008. Case No. 3:08cv382/MCR/EMT

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE