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Hawash v. Thomas

United States District Court, D. Oregon
Sep 23, 2008
Civil No. 08-685-CL (D. Or. Sep. 23, 2008)

Summary

rejecting § 2241 habeas petitioner's futility argument because the futility exception was superceded by the PLRA

Summary of this case from Blankenship v. Meeks

Opinion

Civil No. 08-685-CL.

September 23, 2008


ORDER


Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).

I have given this matter de novo review. I find no error. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#4) is adopted. The petition (#1) is denied without prejudice to refile after petitioner has exhausted administrative remedies. All pending motions are denied as moot.

IT IS SO ORDERED.


Summaries of

Hawash v. Thomas

United States District Court, D. Oregon
Sep 23, 2008
Civil No. 08-685-CL (D. Or. Sep. 23, 2008)

rejecting § 2241 habeas petitioner's futility argument because the futility exception was superceded by the PLRA

Summary of this case from Blankenship v. Meeks
Case details for

Hawash v. Thomas

Case Details

Full title:MAHAR HAWASH, Petitioner, v. J.E. THOMAS, Respondent

Court:United States District Court, D. Oregon

Date published: Sep 23, 2008

Citations

Civil No. 08-685-CL (D. Or. Sep. 23, 2008)

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