Marshall v. Warden Paige Augustine

Full title: DAWN MARSHALL, Petitioner, v. WARDEN PAIGE AUGUSTINE, Respondent

Court: United States District Court, N.D. Florida, Tallahassee Division

Date published: Sep 17, 2008

CASE NO. 4:07cv467-SPM/WCS (N.D. Fla. Sep. 17, 2008)

Opinion

CASE NO. 4:07cv467-SPM/WCS.

September 17, 2008

ORDER

STEPHAN MICKLE, District Judge

THIS CAUSE comes before the Court upon the Magistrate Judge's report and recommendation (doc. 16) dated August 15, 2008. Petitioner has filed an objection (doc. 17).

Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation should be adopted. As explained in the report and recommendation (doc. 16) and the magistrate judge's previous order (doc 13), under the Second Chance Act the Bureau of Prisons will make a new decision on Petitioner's placement into a residential re-entry center, rendering its previous decision moot. Before challenging the new decision in court, Petitioner must exhaust her administrative remedies. Accordingly, it is

ORDERED AND ADJUDGED:

1. The report and recommendation (docs. 16 and 13) is adopted and incorporated by reference in this order.

2. The § 2241 petition (doc. 1) is denied without prejudice to Petitioner's opportunity to file a new petition challenging her prerelease placement upon exhausting her administrative remedies.

DONE AND ORDERED.