David Clum, Jr. v. Warden, FCI Talladega

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION

DAVID CLUM, JR., Petitioner,

v. Case No. 1:25-cv-2004-CLM-GMB

WARDEN, FCI TALLADEGA, Respondent.

MEMORANDUM OPINION Petitioner David Clum, Jr. has filed an amended pro se petition for habeas corpus under 28 U.S.C. § 2241. (Doc. 4). The magistrate judge has entered a report, recommending that the court dismiss Clum’s petition without prejudice for failure to exhaust administrative remedies and deny as moot Clum’s pending motions to expedite. (Doc. 15). Clum objects to the magistrate judge’s report and recommendation. (Doc. 18). In his objections, Clum contends that the Federal Bureau of Prison’s (“BOP”) administrative remedy process is “blatantly absurd” and argues that he “has most certainly exhausted his A[dministrative] R[emedies] all the way to the final BP-11.” (Id., p. 1). But Clum fails to acknowledge that he did not complete the BOP’s administrative remedy process before filing his federal habeas petition, as the magistrate judge correctly concluded. (See Doc. 15, pp. 5–6); see also Martin v. Zenk, 244 F. App’x 974, 977–78 (11th Cir. 2007). So the court OVERRULES Clum’s objections. Having considered the record, including the magistrate judge’s report and Clum’s objections, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, the court will DISMISS WITHOUT PREJUDICE Clum’s petition for writ of habeas corpus for failure to exhaust administrative remedies. The court will DENY AS MOOT Clum’s motions to expedite (docs. 10 & 13). The court will enter a separate final judgment that carries out this ruling and closes this case. DONE and ORDERED on August 17, 2026.

ni MAZE : UNITED STATES DISTRICT JUDGE