Gonzalez v. Johns

Filing 17

ORDER ADOPTING 14 Report and Recommendations of the Magistrate Judge. Gonzalez's Objection are overruled. Gonzalez's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is dismissed, without prejudice, based on Gonzalez's failure to exhaust his administrative remedies. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 12/12/2014. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

YENNIER CAPOTE GONZALEZ,
Petitioner,
vs.

:

CIVIL ACTION NO.: CV514-068

TRACY JOHNS, Warden,
Respondent.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner
Yennier Gonzalez ("Gonzalez") filed Objections. In his Objections, Gonzalez contends
that he was not able to file his final appeal until after he filed his petition because he
could not find the paperwork he needed to file his appeal. Even accepting Gonzalez's
contention as true, he still failed to exhaust his available administrative remedies fully
and properly before he filed his petition. The exhaustion of available administrative
remedies is a precondition to filing suit in this Court.
Gonzalez's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Gonzalez's petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED, without prejudice,
AO 72A
(Rev. 8/82)

based on Gonzalez's failure to exhaust his administrative remedies. The Clerk of Court
is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

day of

2014.

LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)