Opinion
2:24-CV-00124-BSM
12-19-2024
MARIO MCNEIL Reg. #30893-076 PETITIONER v. CHAD GARRETT Warden, Forrest City Low RESPONDENT
ORDER
After de novo review of the record, United States Magistrate Judge Joe J. Volpe's recommended disposition [Doc. No. 8] is adopted for the reasons set forth therein. Furthermore, despite Mario McNeil's assertion in a post-recommended disposition response that exhaustion would have been futile, see Doc. No. 9, McNeil fails to demonstrate how his proper use of the prison's grievance procedures would have left him remediless. See Doc. No. 8 at 4 (showing how McNeil “refused to proceed as instructed”); see also Ex Parte Hawk, 321 U.S. 114, 118 (1944) (exhaustion only futile where no remedy is afforded or the remedy afforded proves in practice unavailable or seriously inadequate). Chad Garrett's motion to dismiss [Doc. No. 6] is therefore granted and McNeil's section 2241 petition for a writ of habeas corpus [Doc. No. 1] is dismissed without prejudice.
IT IS SO ORDERED