Opinion
3:22-cv-00524-MK
10-24-2022
MARK SPANGLER, Petitioner, v. DEWAYNE HENDRIX, Respondent.
ORDER ADOPTING FINDINGS AND RECOMMENDATION
MICHAEL J. MCSHANE, United States District Judge.
Magistrate Judge Kasubhai filed a Findings and Recommendation (ECF No. 5) in this action, recommending that the Petition filed pursuant to 28 U.S.C. 2241 be dismissed for failure to exhaust administrative remedies. The matter is now before me. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72. Although neither party filed objections, I reviewed the legal principles de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the magistrate's report is correct.
Accordingly, Magistrate Judge Kasubhai Findings and Recommendation (ECF No. 5) is ADOPTED, and the Petition (ECF No. 1) is DISMISSED, without prejudice.
IT IS SO ORDERED.