Summary
holding that prison mailbox rule does not apply to BOP administrative remedy appeal because "the Bureau of Prisons' regulations deem an appeal to be filed when the appeal has been logged in the Index as received."
Summary of this case from Tucker v. JonesOpinion
CIVIL ACTION NO.: CV206-104.
August 13, 2007
ORDER
After an independent review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which "Objections" have been filed. In his Objections, Plaintiff notes he does not have any specific objection to the Report and Recommendation, but rather, it is unknown why his final administrative remedy appeal was not logged into the generalized retrieval system after he placed his appeal in the institution's outgoing mailbox.
The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Motion filed by Defendants Burgos, Chippi, and Aremu (Doc. No. 22) is GRANTED. Plaintiff's Complaint is DISMISSED, without prejudice, due to Plaintiff's failure to exhaust his available administrative remedies. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.