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Gonzalez v. Johns

United States District Court, S.D. Georgia, Waycross Division

December 12, 2014

YENNIER CAPOTE GONZALEZ, Petitioner,
v.
TRACY JOHNS, Warden, Respondent.

ORDER

LISA GODBEY WOOD, District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner Yennier Gonzalez ("Gonzalez") filed Objections. In his Objections, Gonzalez contends that he was not able to file his final appeal until after he filed his petition because he could not find the paperwork he needed to file his appeal. Even accepting Gonzalez's contention as true, he still failed to exhaust his available administrative remedies fully and properly before he filed his petition. The exhaustion of available administrative remedies is a precondition to filing suit in this Court.

Gonzalez's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Gonzalez's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. ยง 2241, is DISMISSED, without prejudice, based on Gonzalez's failure to exhaust his administrative remedies. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED.


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