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Mathena v. United States

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Submitted: April 15, 2009

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM,*fn1 District Judge.

James W. Mathena petitioned for a writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2241, challenging the execution of his federal sentence. The district court dismissed the petition as barred by a one-year statute of limitations, and Mathena appeals. Reviewing the dismissal de novo,we reverse and remand for the district court to dismiss the petition without prejudice, because Mathena’s petition was timely, but he failed to exhaust his administrative remedies.

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