Tankersley v. Fisher

Full title: WILLIAM H. TANKERSLEY, Petitioner, v. SCOTT P. FISHER, WARDEN, Respondent

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Sep 22, 2008

Case No. 3:08cv382/MCR/EMT (N.D. Fla. Sep. 22, 2008)

Opinion

Case No. 3:08cv382/MCR/EMT.

September 22, 2008

ORDER

M. Rodgers, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 11, 2008 (Doc. 5). Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. The petition for writ of habeas corpus under § 2241 (Doc. 1) is DISMISSED WITHOUT PREJUDICE to afford Petitioner an opportunity to exhaust his administrative remedies in accordance with BOP procedures.

DONE AND ORDERED.