Moore v. Flournoy
ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 dismissing petition without prejudice. Petitioner is denied leave to proceed informa pauperis on appeal. Clerk is to enter appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 5/25/17. (slt)
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,tu the outtea 'tate flitrttt court
for the Ooutbern flitritt of eoria
AARON KAREEM MOORE,
WARDEN J.V. FLOURNOY,
After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's May 1, 2017,
Report and Recommendation, dkt. no. 11, to which Aaron Kareem
Moore ("Moore") filed Objections, dkt. no. 12. Accordingly, the
Court ADOPTS the Magistrate Judge's Report and Recommendation as
the opinion of the Court and OVERRULES Moore's Objections.'
The Court DISMISSES WITHOUT PREJUDICE Moore's Petition for
Writ of Habeas Corpus, brought pursuant to 28 U.S.C. § 2241,
dkt. no. 1, and DENIES Moore leave to proceed in forma pauperis
Moore argues that the Magistrate Judge's analysis of his exhaustion
is inconsistent with the United States Supreme Court's decision in
U.S. -, 136 S. Ct. 1850 (June 6, 2016). Dkt.
Ross v. Blake,
No. 12, pp. 1-2. However, contrary to Moore's assertions that the
grievance procedure operated as "a simple dead end" or that prison
administrators thwarted him from taking advantage of the grievance
procedure, Moore admits that the Warden did in fact inform him "that
if [Moore] did not like the response he could appeal." Id. at p. 2.
Moore simply opted not to file an appeal.
The Court DIRECTS the Clerk of Court to enter the
appropriate judgment of dismissal and to
_ day of
CLOSE this case
LISA GODBE?WOOD, JUDGE
STATES DISTRICT COURT
HERN DISTRICT OF GEORGIA
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