Opinion
Civil Action 2:21-cv-89
06-30-2022
JAMES EDWARD PHILLIPS, Petitioner, v. ACTING WARDEN BURGOS, Respondent.
ORDER
HON. LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT
After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation. Dkt. No. 9. Petitioner James Phillips ("Phillips") did not file Objections to this Report and Recommendation.
Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court, GRANTS Respondent's Motion to Dismiss, DISMISSES without prejudice Phillips' 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus based on his failure to exhaust his administrative remedies, and DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. The Court DENIES Phillips in forma pauperis status on appeal.
SO ORDERED.