McNeil v. Garrett

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION MARIO MCNEIL PETITIONER Reg. #30893-076

v. CASE NO. 2:24-CV-00124-BSM CHAD GARRETT Warden, Forrest City Low RESPONDENT ORDER After de novo review of the record, United States Magistrate Judge Joe J. Volpe’s recommended disposition [Doc. No. 8] is adopted for the reasons set forth therein. Furthermore, despite Mario McNeil’s assertion in a post-recommended disposition response that exhaustion would have been futile, see Doc. No. 9, McNeil fails to demonstrate how his proper use of the prison’s grievance procedures would have left him remediless. See Doc. No. 8 at 4 (showing how McNeil “refused to proceed as instructed”); see also Ex Parte Hawk, 321 U.S. 114, 118 (1944) (exhaustion only futile where no remedy is afforded or the remedy afforded proves in practice unavailable or seriously inadequate). Chad Garrett’s motion to dismiss [Doc. No. 6] is therefore granted and McNeil’s section 2241 petition for a writ of habeas corpus [Doc. No. 1] is dismissed without prejudice. IT IS SO ORDERED this 21st day of October, 2024.

Porras UNITED STATES DISTRICT JUDGE