Fleming v. Warden

Full title: RHONDA FLEMING, Petitioner, v. WARDEN OF FCI TALLAHASSEE, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Mar 24, 2015

Case No. 4:14cv300-MW/CAS (N.D. Fla. Mar. 24, 2015)

Opinion

Case No. 4:14cv300-MW/CAS

03-24-2015

RHONDA FLEMING, Petitioner, v. WARDEN OF FCI TALLAHASSEE, Respondent.

Mark E. Walker United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 50, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 51 . Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. Nothing Petitioner attached to her objections refutes, or otherwise calls into question, the finding that she did not exhaust her administrative remedies regarding claims properly brought in a 2241 petition. Moreover, Petitioner's reliance on McQuiggin is misplaced. The amended petition for writ of habeas corpus filed under 28 U.S.C. § 2241, ECF No. 24, is DISMISSED for lack of jurisdiction. All pending motions, ECF Nos. 11, 12, 15, 21, 22, 25, 26, 29, 30, 31, 32, 34, 35, 38, 39, 41, 43, 47, and 49, are DENIED as moot.

SO ORDERED on March 24, 2015.

s/ Mark E. Walker

United States District Judge