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Johnson v. Perry

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

December 12, 2014

ROHAN JOHNSON, Petitioner,
v.
Mr. PERRY,

ORDER

LISA GODBEY WOOD, Chief 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 Rohan Johnson ("Johnson") filed Objections. In his Objections, Johnson asserts that this Court should recognize "that there are new findings that are taking precedent in these private prison violations." (Doc. No. 13, p. 1). Johnson alleges that, under case law arising out of the Ninth Circuit, any attempt to file an appeal with the Office of General Counsel is futile because he expects that any such appeal would be denied since his previous administrative filings were denied.

Cases arising out of the Ninth Circuit have no binding authority on this Court. Instead, this Court is bound by its own rulings and decisions of the Eleventh Circuit Court of Appeals and the United States Supreme Court. These binding rulings compel the conclusion that Johnson is required to exhaust his administrative remedies fully and properly before filing a cause of action in this Court

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

SO ORDERED.


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