Unpublished Dispositionricardo Gutierrez, Petitioner-appellant, v. Warden Keohane, Respondent-appellee, 838 F.2d 470 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 838 F.2d 470 (6th Cir. 1988) Feb. 5, 1988

Before BOYCE F. MARTIN, Jr., RALPH B. GUY, Jr., and BOGGS, Circuit Judges.


This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Petitioner filed this action for habeas corpus relief (28 U.S.C. § 2241) contesting the Bureau of Prison's computation of his sentence time, petitioner claiming credit for time spent in state custody. The magistrate to whom the matter was referred recommended dismissing the action for failure to exhaust administrative remedies. The district court adopted this recommendation, over petitioner's objections, and dismissed the case without prejudice to refile. This appeal followed. On appeal the parties have briefed the issues, petitioner proceeding pro se.

Upon consideration we affirm for the reasons set forth in the magistrate's report of April 30, 1987, as adopted in the order of dismissal entered June 16, 1987. Rule 9(b) (5), Rules of the Sixth Circuit.