Gatewood v. DeBoo et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION DKT. 15 AND DISMISSING MANDAMUS PETITION WITHOUT PREJUDICE. Signed by District Judge Irene M. Keeley on 7/22/2011. (Copy counsel of record via CM/ECF, pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 7/22/2011: # 1 Certified Mail Return Receipt) (jmm).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MITCHELL GATEWOOD, Petitioner, v. // CIVIL ACTION NO. 1:11CV34 (Judge Keeley) WARDEN KUMA DEBOO, et al., Respondents. ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 15) AND DISMISSING MANDAMUS PETITION WITHOUT PREJUDICE On May 17, 2011, United States Magistrate Judge James E. Seibert issued a Report and Recommendation (“R&R”), concluding that this petition for mandamus under 28 U.S.C. § 1361 should be denied without prejudice because the pro se petitioner, Mitchell Gatewood (“Gatewood”), had failed to exhaust his administrative remedies within the Bureau of Prisons prior to filing his petition. The R&R also noted that Gatewood cannot satisfy the requirements of § 1361 because the alternative remedy of a civil rights action against the defendants is available to him once he properly exhausts his administrative remedies. Gatewood did not file objections to the R&R, and the time to do so has expired. The Court therefore ADOPTS the R&R in its entirety, and DISMISSES the petition WITHOUT PREJUDICE. It is so ORDERED. GATEWOOD v. DEBOO 1:11CV34 ORDER ADOPTING REPORT AND RECOMMENDATION The Court directs the Clerk to enter a separate judgment order and to transmit copies of it and this Order to all appropriate agencies, and to the pro se petitioner via certified mail, return receipt requested. Dated: July 22, 2011. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 2

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