Holloway v. Hillsborough County Department of Corrections, Superintendent et al

Filing 5

///ORDER approving #2 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(js)

Case 1:21-cv-00205-PB Document 5 Filed 04/01/21 Page 1 of 1

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dale E. Holloway, Jr.
Case No. 21-cv-205-PB

v.
NH, State of et al

ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated March 15, 2021, direct the clerk's office to
update the docket to reflect the petition was filed under 28
U.S.C. § 2241, and to list the Superintendent of the HCDOC as
the respondent; dismiss the petition (Doc. No. 1) in its
entirety, without prejudice, for lack of exhaustion; and decline
to issue a certificate of appealability.
/s/Paul Barbadoro__________
Paul Barbadoro
United States District Judge
Date: April 1, 2021
cc: Dale E. Holloway, Jr., pro se