Moore v. Flournoy

Filing 14

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
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AARON KAREEM MOORE,

2b

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Petitioner,
V.

WARDEN J.V. FLOURNOY,
Respondent.

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CV 216-144

ORDER
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
1

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.
AO 72A
(Rev I82)

on appeal.

The Court DIRECTS the Clerk of Court to enter the

appropriate judgment of dismissal and to

SO ORDERED,

this

_ day of

CLOSE this case

, 2017.

LISA GODBE?WOOD, JUDGE
STATES DISTRICT COURT
HERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)