BANKS DAVIS v. UNITED STATES (2019)

[Unpublished]

Federal inmate Lennora Banks-Davis appeals after the district court ¹ denied her relief under 28 U.S.C. § 2241, for failure to exhaust administrative remedies. We agree with the district court that Banks-Davis was not entitled to relief. In this proceeding, she could challenge only the execution of her sentence. She was required first to exhaust her administrative remedies, but she failed to do so. See Mathena v. United States, 577 F.3d 943, 946 (8th Cir. 2009); see also Abdullah v. Hedrick, 392 F.3d 957, 959 (8th Cir. 2004). We conclude, however, that the petition should have been dismissed without prejudice. See Mathena, 577 F.3d at 946. Accordingly, we modify the judgment to reflect that Banks-Davis’s section 2241 petition is dismissed without prejudice, see 28 U.S.C. § 2106, and we affirm the judgment as modified. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Michael J. Davis, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota, now retired.

PER CURIAM.