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).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MITCHELL GATEWOOD,
Petitioner,
v.

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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

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