Morris v. Flounoy, 2:16-cv-126. (2018)
Court: District Court, S.D. Georgia
Number: infdco20180105793
Visitors: 8
Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: 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, dkt. no. 15, to which Petitioner Darvin Morris ("Morris") filed Objections, dkt. no. 16. In his Objections, Morris takes issue with the Magistrate Judge's exhaustion analysis under Turner v. Burnside, 541 F.3d 1079 (11th Cir. 2008). Id. However, the Magistrate Judge properly analyzed Morris' efforts at exhaust
Summary: 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, dkt. no. 15, to which Petitioner Darvin Morris ("Morris") filed Objections, dkt. no. 16. In his Objections, Morris takes issue with the Magistrate Judge's exhaustion analysis under Turner v. Burnside, 541 F.3d 1079 (11th Cir. 2008). Id. However, the Magistrate Judge properly analyzed Morris' efforts at exhausti..
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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, dkt. no. 15, to which Petitioner Darvin Morris ("Morris") filed Objections, dkt. no. 16. In his Objections, Morris takes issue with the Magistrate Judge's exhaustion analysis under Turner v. Burnside, 541 F.3d 1079 (11th Cir. 2008). Id. However, the Magistrate Judge properly analyzed Morris' efforts at exhausting his available administrative remedies prior to the filing of his 28 U.S.C. § 2241 Petition and determined Respondent's account was more credible than Morris'. Dkt. No. 15, pp. 6-9. Morris' Objections only reveal his dissatisfaction with the Magistrate Judge's analysis and conclusion and offer nothing additional for the Court's consideration.
The Court OVERRULES Morris' Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court DISMISSES Morris' Petition brought pursuant to 28 U.S.C. § 2241 and DIRECTS the Clerk of Court to CLOSE this case and to enter the appropriate judgment of dismissal. The Court DENIES Morris in forma pauperis status on appeal.
SO ORDERED.
FootNotes
1. The only proper respondent in a Section 2241 case such as this is the petitioner's immediate custodian-the warden of the facility where the petitioner is confined. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). Accordingly, Vick Flournoy is the only proper Respondent in this Section 2241 action. Therefore, the Court DISMISSES the remaining Respondents.
Source: Leagle
