Opinion
22-cv-2701 (JRT/DJF)
02-01-2023
Wayne Langston, Plaintiff, v. B. Eischen, Defendant.
REPORT AND RECOMMENDATION
Dulce J. Foster United States Magistrate Judge
On November 22, 2022, the Court ordered Mr. Langston to file a memorandum on or before December 22, 2022 showing cause as to why the Court should not dismiss his Petition for Habeas Corpus (ECF No. 1) for failure to exhaust administrative remedies (“November 22 Order”) (ECF No. 5). On December 16, 2023, Mr. Langston requested a one-month extension of time to file the memorandum (ECF No. 6), which the Court granted, making the memorandum due January 23, 2023 (ECF No. 7). It is now February 1, 2023, and Mr. Langston has neither filed a memorandum as required by the Court's order, nor requested an extension of time to comply. Consistent with its November 22 Order, the Court recommends dismissing Mr. Langston's Petition for Habeas Corpus (ECF No. 1) without prejudice for failure to exhaust administrative remedies.
RECOMMENDATION
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT the Petition for Habeas Corpus (ECF No. [1]) be DISMISSED WITHOUT PREJUDICE.