Filed: Nov. 06, 2014
Latest Update: Nov. 06, 2014
Summary: MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is an October 14, 2014, report and recommendation of the magistrate judge (Doc. 16), in which he recommends that the procedural issues, i.e., that the Bureau of Prisons violated its own regulations by (1) failing to hold a timely hearing, and (2) failing to provide Petitioner with staff assistance in his disciplinary hearing. 1 Objections to the report and recommendation were due no later than October 31, 2014 and, to date, no obje
Summary: MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is an October 14, 2014, report and recommendation of the magistrate judge (Doc. 16), in which he recommends that the procedural issues, i.e., that the Bureau of Prisons violated its own regulations by (1) failing to hold a timely hearing, and (2) failing to provide Petitioner with staff assistance in his disciplinary hearing. 1 Objections to the report and recommendation were due no later than October 31, 2014 and, to date, no objec..
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MEMORANDUM
SYLVIA H. RAMBO, District Judge.
Before the court is an October 14, 2014, report and recommendation of the magistrate judge (Doc. 16), in which he recommends that the procedural issues, i.e., that the Bureau of Prisons violated its own regulations by (1) failing to hold a timely hearing, and (2) failing to provide Petitioner with staff assistance in his disciplinary hearing.1 Objections to the report and recommendation were due no later than October 31, 2014 and, to date, no objections have been filed.
After review of the facts and the law applicable to this case, the court finds that Howell has procedurally defaulted by not exhausting his administrative remedies. Should reasonable minds disagree with this finding, the court also finds that Howell's procedural claims fail for the reasons set forth in the report and recommendation. An appropriate order will be issued.
