Nogueras v. Middlebrooks

Full title: BARBARO NOGUERAS, Petitioner, v. SCOTT A. MIDDLEBROOKS, Warden, Respondent

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Dec 8, 2005

Civil Action No. 2:05cv876-T (WO) (M.D. Ala. Dec. 8, 2005)

Opinion

Civil Action No. 2:05cv876-T (WO).

December 8, 2005

OPINION

MYRON THOMPSON, District Judge

Pursuant to 28 U.S.C.A. § 2241, petitioner, a federal inmate, filed this lawsuit challenging the Federal Bureau of Prisons' refusal to give him a sentence reduction. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioners petition be dismissed without prejudice because petitioner has failed to exhaust his administrative remedies. Also before the court are petitioner's objections to the recommendation. After an independent and de novo review of the record, the court concludes that petitioner's objections should be overruled and the magistrate judge's recommendation adopted.

An appropriate judgment will be entered.

JUDGMENT

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows:

(1) The petitioner's objections (Doc. No. 7) are overruled.

(2) The United States Magistrate Judge's recommendation (Doc. No. 4) is adopted.

(3) The 28 U.S.C.A. § 2241 petition (Doc. No. 1) is dismissed.

It is further ORDERED that costs are taxed against petitioner, for which execution may issue.

The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.