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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Ufl . flnL ,tu the outtea 'tate flitrttt court for the Ooutbern flitritt of eoria runtvith fltbiton AARON KAREEM MOORE, 2b * * Petitioner, V. WARDEN J.V. FLOURNOY, Respondent. * * * * * * * 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. ยง 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)

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