Opinion
Civil Action 6:23-CV-00012
07-31-2023
LEROY PUNCH, Plaintiff, v. JUSTIN MARR, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the June 28, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Mitchel Neurock. (Dkt. No. 26). Magistrate Judge Neurock made findings and conclusions and recommended that Plaintiff's habeas petition, (Dkt. No. 1), be dismissed without prejudice for failure to exhaust administrative remedies. (See Dkt. No. 26).
Defendant has filed a Motion for Summary Judgment on the basis of failure to exhaust administrative remedies. (Dkt. No. 22). The Court denies Defendant's Motion as moot.
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Magistrate Judge Neurock's M&R, (Dkt. No. 26), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's habeas petition, (Dkt. No. 1), is DISMISSED WITHOUT PREJUDICE.
It is SO ORDERED.