HERNANDEZ-PACHECO v. FISHER

JOHN TUNHEIM, District Judge

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Tony N. Leung, dated September 12, 2011. Based upon the Report and Recommendation of the Magistrate Judge [Docket No. 12], and all of the files, records and proceedings herein, and no objections having been filed to said Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Petitioner's motion to strike is DENIED;

2. Petitioner's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody (Docket No. 1) is DENIED;

3. This action is DISMISSED WITHOUT PREJUDICE for Petitioner to exhaust his administrative remedies; and

4. The certificate of appealability is DENIED.