Michel v. United States Department of Justice et al

Filing 16

ORDER ADOPTING the Magistrate Judge's 15 Report and Recommendations; Michel's Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241 is DISMISSED without prejudice. All named Respondents, other than Tracy Johns, are DISMISSED. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Should Michel seek to proceed in forma pauperis on appeal, his request shall be DENIED. Signed by Chief Judge Lisa G. Wood on 11/16/2015. (csr)

N the OnitebStates; Jtttttt Court
for tbe Soutbern flttritt Of deorgia
aptro lDibiion
JAKE STEVE MICHEL,
Petitioner,

UNITED STATES DEPARTMENT OF
JUSTICE; ERIC HOLDER; BUREAU OF
PRISONS; CHARLES SAMUELS; STACY
STONE; and TRACY JOHNS,
Respondents.

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

named Respondents, other than Tracy Johns, are DISMISSED.' The
Clerk of Court is DIRECTED to enter the appropriate judgment of
dismissal and to CLOSE this case. Should Michel seek to proceed

in forma pauperis on appeal, his request all be DENIED. 2
SO ORDERED, this

day of

Ni'

JC,Md

,

2015.

LISAjODBEY WOOD, CHIEF JUDGE
UNIgED STATES DISTRICT COURT
,SO 'THERN DISTRICT OF GEORGIA

1

Even though the undersigned is dismissing Michel's petition in its
entirety, the distinction for the dismissal of all Respondents other
than Tracy Johns is made because Tracy Johns, as Michel's custodian at
the time he filed his Petition, is the only proper respondent in this
Section 2241 Petition. Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004)
("[L]ongstanding practice confirms that in habeas challenges to
present physical confinement . . . the default rule is that the proper
respondent is the warden of the facility where the prisoner is being
held(.]")
2

Because Michel 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)
OA