Masri v. Watson
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendation (Written Opinion). IT IS HEREBY ORDERED that the Petition for a writ of habeas corpus 1 is DENIED without prejudice. LET JUDGEMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 3/24/17. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Case No. 16‐cv‐4132 MJD/FLN
The above‐entitled matter comes before the Court on Petitioner’s objections
to the Report and Recommendation of Magistrate Judge Franklin L. Noel dated
February 17, 2017 recommending the Court dismiss his petition for failure to
exhaust administrative remedies.
Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on that review, the Court
adopts the Report and Recommendation and will dismiss the petition, without
prejudice, as Petitioner had not exhausted his administrative remedies prior to
Even if the Petitioner had exhausted his administrative remedies, the Court
would likely dismiss the petition to the extent it challenges the BOP’s
discretionary determinations made pursuant to 18 U.S.C. § 3621, as directed by §
3635. See Reeb v. Thomas, 636 F.3d 1224, 1227 (9th Cir. 2011).
IT IS HEREBY ORDERED that the Petition for a writ of habeas corpus
(ECF No. 1) is DENIED without prejudice.
LET JUDGEMENT BE ENTERED ACCORDINGLY.
DATED: March 24, 2017
s/Michael J. Davis
MICHAEL J. DAVIS
United States District Court
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