Robinson v. Davis

Full title: JOHN ROBINSON, Petitioner, v. AGNES L. DAVIS, Warden, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Feb 13, 2009

CASE NO. 5:08cv212/RS-MD (N.D. Fla. Feb. 13, 2009)

Opinion

CASE NO. 5:08cv212/RS-MD.

February 13, 2009

ORDER

RICHARD SMOAK, District Judge

Before me is the Magistrate Judge's Report and Recommendation (Doc. 19). Petitioner has not filed objections.

IT IS ORDERED:

1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.

2. Petitioner's challenge to the validity of 28 C.F.R. § 550.58 is dismissed without prejudice because this court does not have jurisdiction to consider the merits of that claim due to Petitioner's failure to exhaust his administrative remedies prior to filing suit.

3. Petitioner's challenge to the Bureau of Prison's use of information in his Presentence Investigation Report, specifically the criminal convictions referenced in paragraphs 43 and 44, is dismissed with prejudice.

4. The clerk is directed to close the file.

ORDERED