Filed: Jul. 15, 2015
Latest Update: Jul. 15, 2015
Summary: ORDER GREGORY L. FROST , District Judge . On June 26, 2015, the United States Magistrate Judge recommended that respondent's Motion to Dismiss, ECF No. 5, be granted. Report and Recommendation, ECF No. 12. Specifically, the Magistrate Judge reasoned that, because the claim presented in the Petition had not been the subject of a state court petition for a writ of mandamus, the action should be dismissed without prejudice for failure to exhaust petitioner's state court remedies. Id.
Summary: ORDER GREGORY L. FROST , District Judge . On June 26, 2015, the United States Magistrate Judge recommended that respondent's Motion to Dismiss, ECF No. 5, be granted. Report and Recommendation, ECF No. 12. Specifically, the Magistrate Judge reasoned that, because the claim presented in the Petition had not been the subject of a state court petition for a writ of mandamus, the action should be dismissed without prejudice for failure to exhaust petitioner's state court remedies. Id. T..
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ORDER
GREGORY L. FROST, District Judge.
On June 26, 2015, the United States Magistrate Judge recommended that respondent's Motion to Dismiss, ECF No. 5, be granted. Report and Recommendation, ECF No. 12. Specifically, the Magistrate Judge reasoned that, because the claim presented in the Petition had not been the subject of a state court petition for a writ of mandamus, the action should be dismissed without prejudice for failure to exhaust petitioner's state court remedies. Id. There has been no objection to the Report and Recommendation. However, on July 6, 2015, petitioner moved to voluntarily dismiss the action without prejudice so that he may pursue that state court remedy. Motion for Voluntary Dismissal, ECF No. 13.
The Report and Recommendation, ECF No. 12, is ADOPTED AND AFFIRMED. Petitioner's Motion for Summary Judgment, ECF No. 10, is DENIED and respondent's Motion to Dismiss, ECF NO. 5, is GRANTED. Petitioner's Motion for Voluntary Dismissal, ECF No. 13, is likewise GRANTED.
This action is hereby DISMISSED without prejudice for failure to exhaust.
The Clerk is DIRECTED to enter FINAL JUDGMENT in this action.
