Branch v. Crews

Full title: PAUL BRANCH, Petitioner, v. MICHAEL D. CREWS, as Secretary of Florida…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Oct 23, 2013

4:12cv248-WS/CAS (N.D. Fla. Oct. 23, 2013)

Opinion

4:12cv248-WS/CAS

2013-10-23

PAUL BRANCH, Petitioner, v. MICHAEL D. CREWS, as Secretary of Florida Department of Corrections, Respondent.

WILLIAM STAFFORD

ORDER ADOPTING THE MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed September 19, 2013. See Doc. 27. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed without prejudice for failure to exhaust administrative remedies. The petitioner has filed no objections to the report and recommendation.

This court having reviewed the magistrate judge's report and recommendation, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 27) is hereby ADOPTED and incorporated by reference into this order.

2. The respondent's motion to dismiss (doc. 24) is GRANTED.

3. The petitioner's amended petition for writ of habeas corpus (doc. 11) is DISMISSED without prejudice for failure to exhaust administrative remedies.

4. The clerk shall enter judgment stating: "All claims against the respondent are dismissed without prejudice."

5. A certificate of appealability shall not issue.

____________________________

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE