FLEMING v. WARDEN OF FCI TALLAHASSEE

Filing 52

ORDER ACCEPTING 50 REPORT AND RECOMMENDATION - The amended petitionfor writ of habeas corpus filed under 28 U.S.C. § 2241, ECF No. 24 , is DISMISSED for lack of jurisdiction. All pending motions, ECF Nos. 11 , 12 , 15 , 21 , 22 , 25 , 26 , 29 , 30 , 31 , 32 , 34 , 35 , 38 , 39 , 41 , 43 , 47 and 49 , are DENIED as moot. Signed by JUDGE MARK E WALKER on 3/24/2015. (tdl)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
RHONDA FLEMING,
Petitioner,
v.

Case No. 4:14cv300-MW/CAS

WARDEN OF FCI TALLAHASSEE,
Respondent.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No. 50, and has also reviewed de novo Plaintiff’s
objections to the report and recommendation, ECF No. 51 . Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, as this Court’s opinion. Nothing Petitioner attached to her objections
refutes, or otherwise calls into question, the finding that she did not exhaust her
administrative remedies regarding claims properly brought in a 2241 petition.
Moreover, Petitioner’s reliance on McQuiggin is misplaced. The amended petition
for writ of habeas corpus filed under 28 U.S.C. § 2241, ECF No. 24, is
DISMISSED for lack of jurisdiction. All pending motions, ECF Nos. 11, 12, 15,
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21, 22, 25, 26, 29, 30, 31, 32, 34, 35, 38, 39, 41, 43, 47, and 49, are DENIED as
moot.
SO ORDERED on March 24, 2015.
s/Mark E. Walker
United States District Judge

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