Roberts v. Piestro

Full title: DANYELL ROBERTS, Petitioner, v. WARDEN PIESTRO, FCI MARIANNA, Respondent.

Court: United States District Court, Northern District of Florida

Date published: Jan 4, 2023

5:22cv129-TKW-MAL (N.D. Fla. Jan. 4, 2023)

Opinion

5:22cv129-TKW-MAL

01-04-2023

DANYELL ROBERTS, Petitioner, v. WARDEN PIESTRO, FCI MARIANNA, Respondent.

T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE.

ORDER

T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE.

This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 15). No objections were filed.

Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge's determinations that the only proper respondent is the warden of the facility where Petitioner is being held and that this case should be dismissed for failure to exhaust administrative remedies (as to Ground One) and lack of jurisdiction (as to Ground Two). Accordingly, it is ORDERED that

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.

2. The Clerk shall terminate Respondents Miles, Lewis and Mendez as parties in CM/ECF.

3. Respondent's motion to dismiss (Doc. 13) is GRANTED, and the amended petition for writ of habeas corpus (Doc. 4) is DISMISSED.

4. The Clerk shall enter judgment in accordance with this Order and then close the case.

DONE and ORDERED.