Green v. Drew

Filing 8

ORDER and OPINION approving and adopting 5 Final Report and Recommendation. This action is DISMISSED without prejudice. Signed by Judge Thomas W. Thrash, Jr on 4/26/17. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
WILLIAM ERIC GREEN,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:17-CV-1305-TWT

D. DREW
WARDEN,
Respondent.
ORDER

This is a pro se habeas corpus action by a federal prisoner. It is before the
Court on the Report and Recommendation [Doc. 5] of the Magistrate Judge
recommending dismissing the action for failure to exhaust administrative remedies.
The Petitioner objects to the Report and Recommendation, and argues that the
exhaustion requirement should not apply because the Warden has been late in
responding to the Petitioner’s filed grievance. This is not a good reason to ignore the
exhaustion requirement.

The Court approves and adopts the Report and

Recommendation as the judgment of the Court. This action is DISMISSED without
prejudice.

T:\ORDERS\17\Green\r&r.wpd

SO ORDERED, this 26 day of April, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\17\Green\r&r.wpd

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