PATE v. JOSEPH

Filing 9

ORDER. The Magistrate Judge's Report and Recommendation (ECF Doc. 7 ) is adopted and incorporated by reference in this order. The petition under 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE for Petitioners failure to exhaust his administrative remedies. The Clerk is directed to close the file. Signed by JUDGE M CASEY RODGERS on 1/10/2022. (alb)

Case 3:21-cv-01049-MCR-HTC Document 9 Filed 01/10/22 Page 1 of 2
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FRANK EDWIN PATE,
Petitioner,
v.

Case No. 3:21cv1049-MCR-HTC

M V JOSEPH WARDEN,
Respondent.
_________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated December 13, 2021 (ECF No. 7), which recommends this
case be dismissed sua sponte for Petitioner’s failure to exhaust his administrative
remedies. Petitioner was furnished a copy of the Report and Recommendation and
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 all timely filed

objections.
Having considered the Report and Recommendation and any duly filed
objections, I have determined that the Report and Recommendation should be
adopted.

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Accordingly, it is now ORDERED as follows:
(1)

The Magistrate Judge’s Report and Recommendation (ECF Doc. 7) is

adopted and incorporated by reference in this order.
(2)

The petition under 28 U.S.C. § 2241 is DISMISSED WITHOUT

PREJUDICE for Petitioner’s failure to exhaust his administrative remedies.
(3)

The Clerk is directed to close the file.

DONE AND ORDERED this 10th day of January 2022.

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:21cv1049-MCR-HTC