Johnson v. Perry et al

Filing 14

ORDER ADOPTING the Magistrate Judge's 11 Report and Recommendations. Johnson's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED, without prejudice, based on Johnson's failure to exhaust his available administrative remedies. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 12/12/2014. (csr)

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

ROHAN JOHNSON,
Petitioner,
CIVIL ACTION NO.: CV514-071

vs.

Mr. PERRY, "DHO"; T. JOHNS,
Warden; and CHARLES B.
SAMUELS, JR., Director of BOP,
Respondents.

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
Rohan Johnson ("Johnson") filed Objections. In his Objections, Johnson asserts that
this Court should recognize "that there are new findings that are taking precedent in
these private prison violations." (Doc. No. 13, p. 1). Johnson alleges that, under case
law arising out of the Ninth Circuit, any attempt to file an appeal with the Office of
General Counsel is futile because he expects that any such appeal would be denied
since his previous administrative filings were denied.
Cases arising out of the Ninth Circuit have no binding authority on this Court.
Instead, this Court is bound by its own rulings and decisions of the Eleventh Circuit
Court of Appeals and the United States Supreme Court. These binding rulings compel

AO 72A
(Rev. 8/82)

the conclusion that Johnson is required to exhaust his administrative remedies fully and
properly before filing a cause of action in this Court
Johnson's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Johnson's petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED, without prejudice,
based on Johnson's failure to exhaust his available administrative remedies. The Clerk
of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED, this

\ 2'

day of

(.

,2014.

LISA GBE(\NOOD, CHIEF JUDGE
UNITE6 STATES DISTRICT COURT
SOW'HERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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