Thomas v. Immigration and Customs Enforcement et al

Filing 17

ORDER ADOPTING the Magistrate Judge's 16 Report and Recommendations. Thomas' Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. §2241 is DISMISSED IN PART, without prejudice, based on Thomas' failure to exhaust h is available administrative remedies prior to filing his Petition for those claims which are cognizable under Section 2241. The remaining portions of Thomas' Petition are DISMISSED. Immigration and Customs Enforcement and D. Ray James Correctio nal Facility are DISMISSED as named Respondents. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Should Thomas seek to proceed in forma pauperis on appeal, his request shall be DENIED. Signed by Chief Judge Lisa G. Wood on 11/12/2015. (csr)

3n the Uniteb tate flitrid Court
for the boutbern Ototrid t 4eorgia
Waptro aibtton
EMMANUEL A.N. THOMAS,
Petitioner,
V.

IMMIGRATION AND CUSTOMS
ENFORCEMENT; D. RAY JAMES
CORRECTIONAL FACILITY; and TRACY
JOHNS, WARDEN,
Respondent.

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CIVIL ACTION NO.: 5:13-cv-126

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's
Report and Recommendation, as set forth herein. Petitioner
Emmanuel Thomas ("Thomas") failed to file any Objections to the
Magistrate Judge's Report and Recommendation.
Thomas' Petition for Writ of Habeas Corpus, filed pursuant
to 28 U.S.C. § 2241, dkt. no. 1, is DISMISSED IN PART, without
prejudice, based on Thomas' failure to exhaust his available
administrative remedies prior to filing his Petition for those
claims which are cognizable under Section 2241. The remaining
portions of Thomas' Petition are DISMISSED.

Immigration and

Customs Enforcement and D. Ray James Correctional Facility are

DISMISSED as named Respondents. The Clerk of Court is DIRECTED

to enter the appropriate judgment of dismissal and to CLOSE this
case. Should Thomas seek to proceed in forma pauperis on
appeal, his request shall be DENIED.'
SO ORDERED, this

I 1.-

day of

t\i

t'-e-

1

, 2015.

LIS?EY WOOD, CHIEF JU
UNITfD STATES DISTRICJ..-C&JRT
SOtY±HEPN DISTRICT..-f GEORGIA

Because Thomas filed a Section 2241 Petition in this Court, no
Certificate of Appealability ("COA") is required for purposes of an
appeal. 28 U.S.C. § 2253(c); Sawyer v. Holder, 326 F.3d 1363, 1364
n.3 (11th Cir. 2003)
2