Scott v. Warden, Noble Correctional Institution, 2:15-cv-02638. (2016)
Court: District Court, S.D. Ohio
Number: infdco20160406c48
Visitors: 14
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER ALGENON L. MARBLEY , District Judge . Petitioner, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On February 29, 2016, the United States Magistrate Judge recommended that Respondent's Motion to Dismiss without Prejudice for Failure to Exhaust (ECF No. 7) be granted, that Petitioner's Motion to Stay (ECF No. 9) be denied, and that this action be dismissed without prejudice as unexhausted. Report and Recommendation (ECF No. 11). Alt
Summary: ORDER ALGENON L. MARBLEY , District Judge . Petitioner, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On February 29, 2016, the United States Magistrate Judge recommended that Respondent's Motion to Dismiss without Prejudice for Failure to Exhaust (ECF No. 7) be granted, that Petitioner's Motion to Stay (ECF No. 9) be denied, and that this action be dismissed without prejudice as unexhausted. Report and Recommendation (ECF No. 11). Alth..
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ORDER
ALGENON L. MARBLEY, District Judge.
Petitioner, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 29, 2016, the United States Magistrate Judge recommended that Respondent's Motion to Dismiss without Prejudice for Failure to Exhaust (ECF No. 7) be granted, that Petitioner's Motion to Stay (ECF No. 9) be denied, and that this action be dismissed without prejudice as unexhausted. Report and Recommendation (ECF No. 11). Although the parties were advised of their right to object to that recommendation, and of the consequences of their failure to do so, there has been no objection.
The Report and Recommendation (ECF No. 11) is ADOPTED AND AFFIRMED. Respondent's Motion to Dismiss without Prejudice for Failure to Exhaust (ECF No. 7) is GRANTED and Petitioner's Motion to Stay (ECF No. 9) is DENIED. This action is DISMISSED without prejudice as unexhausted.
The Clerk is DIRECTED to enter FINAL JUDGMENT in this action.
Source: Leagle
