Opinion
3:21cv1049-MCR-HTC
01-10-2022
FRANK EDWIN PATE, Petitioner, v. M.V. JOSEPH WARDEN, Respondent.
ORDER
M. CASEY RODGERS, UNITED STATES DISTRICT JUDGE.
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 13, 2021 (ECF No. 7), which recommends this case be dismissed sua sponte for Petitioner's failure to exhaust his administrative remedies. Petitioner was furnished a copy of the Report and Recommendation and afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation and any duly filed objections, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation (ECF Doc. 7) is adopted and incorporated by reference in this order.
(2) The petition under 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE for Petitioner's failure to exhaust his administrative remedies.
(3) The Clerk is directed to close the file.
DONE AND ORDERED.