CARRERAS
v.
PISTRO

N.D. Fla. | 2023-10-23
No. 5:22-cv-224
2023 WL 3457887 District Court, N.D. Florida (2023) Caution
Also reported at: 2023 WL 3060807 · 2023 WL 2090281
Cited by 4 cases
Opinion of the Court

This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 11). No objections were filed. Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge’s determination that this case should be dismissed for failure to exhaust administrative remedies. See Goldberg v. Pistro, 2023 WL 3457887 (N.D. Fla. May 15, 2023); Morgan v. Pistro, 2023 WL 3060807 (N.D. Fla. Apr. 24, 2023); Garten v. Pistro, 2023 WL 2090281 (N.D. Fla. Feb. 17, 2023). Accordingly, it is ORDERED that: 1. The magistrate judge=s Report and Recommendation is adopted and incorporated by reference in this Order. 2. The petition under 28 U.S.C. § 2241 is DISMISSED without prejudice

for failure to exhaust administrative remedies.

3. The Clerk shall close the file.

DONE and ORDERED this 23rd day of October, 2023.

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

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Cited By

  • Carreras v. Pistro, 2023 WL 3457887 (N.D. Fla. 2023)
    …udge’s determination that this case should be dismissed for failure to exhaust administrative remedies. See Goldberg v. Pistro, 2023 WL 3457887 (N.D. Fla. May 15, 2023); Morgan v. Pistro, 2023 WL 3060807 (N.D. Fla. Apr. 24, 2023); Garten v. Pistro, 2023 WL 2090281 (N.D. Fla. Feb. 17, 2023). Accordingly, it is ORDERED that: 1. The magistrate judge=s Report and Recommendation is adopted and incorporated by reference in this Order. 2. The petition under 28 U.S.C. § 2241 is DISMISSED without preju…
    1 / 3
  • Morgan v. Warden (N.D. Fla. 2023)
    …issues and unless and until the BOP has had an opportunity to address the application of the CARES Act to Petitioner through the administrative remedy process, there is no ripe “case or controversy” for the Court to decide. See Garten v. Pistro, 2023 WL 2090281, at *1 (N.D. Fla. Feb. 17, 2023) (rejecting inmate’s argument that she was not required to exhaust her administrative remedies because her §2241 petition raised “issues of statutory interpretation that apply to all prisoners”). Accordingly…

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