Summary
explaining that the Sentencing Reform Act "eliminated the parole system for offenses committed after the effective date of the Act" and "significantly reduced the amount of statutory good time credit a federal prisoner can earn against his sentence"
Summary of this case from United States v. VondetteOpinion
CASE NUMBER: 12-14225
01-14-2014
DONALD BENNETT, Petitioner, v. J.A. TERRIS, Respondent.
HONORABLE VICTORIA A. ROBERTS
ORDER ADOPTING MAGISTRATE'S
REPORT AND RECOMMENDATION
On July 24, 2013, Magistrate Judge Paul J. Komives issued a Report and Recommendation (R & R) recommending that the Court dismiss Petitioner's application for writ of habeas corpus without prejudice for failing to exhaust his administrative remedies. On August 5, 2013, Petitioner filed objections to the R & R.
In accordance with Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1), the Court has reviewed de novo the R & R and Petitioner's objections. The Court agrees with Magistrate Judge Komives' conclusion.
The Court ADOPTS the R&R; Petitioner's application for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. Petitioner may refile his petition after exhausting his administrative remedies.
IT IS ORDERED.
__________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Donald Bennett by electronic means or U.S. Mail on January 14, 2014. Carol A. Pinegar
Deputy Clerk