Cabrera-Ruiz v. Longley

Filing 18

ORDER adopting 15 Report and Recommendations. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court. Cabrera-Ruiz's claims are dismissed without prejudice for failure to exhaust. A judgment will be docketed in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on October 8, 2014. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CARLOS A. CABRERA-RUIZ

PETITIONER

v.

CIVIL ACTION NO. 3:13cv828-DPJ-FKB

ARCHIE B. LONGLEY

RESPONDENT
ORDER

This petition is before the Court on the Report and Recommendation [15] of the United
States Magistrate Judge recommending dismissal for failure to exhaust. Petitioner Carols A.
Cabrera-Ruiz filed a timely objection [16]. Magistrate Judge Ball concluded that Cabrera-Ruiz
failed to exhaust his administrative remedies by failing to perfect an administrative appeal to the
Bureau of Prisons’ general counsel, the final level of review in the BOP’s Administrative
Remedy Program under 28 C.F.R. § 542.10 et seq. In his objection, Cabrera-Ruiz does not
directly address the point, but conclusorily asserts that he “has been filed all his remedy process
in order that he can have the appropriate access to the court under 28 U.S.C. 2241 Motion to the
best of his knowledge.” Obj. [16]. The Court agrees that Cabrera-Ruiz has not demonstrated
that he exhausted prior to filing suit.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court.
Cabrera-Ruiz’s claims are dismissed without prejudice for failure to exhaust.
SO ORDERED AND ADJUDGED this the 8th day of October, 2014.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE