Filed: Dec. 19, 2018
Latest Update: Dec. 19, 2018
Summary: ORDER M. CASEY RODGERS , District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated November 19, 2018. ECF No. 18. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any
Summary: ORDER M. CASEY RODGERS , District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated November 19, 2018. ECF No. 18. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any ..
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ORDER
M. CASEY RODGERS, District Judge.
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated November 19, 2018. ECF No. 18. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Respondent Adkinson's motion to dismiss, ECF No. 12, is GRANTED.
3. Petitioner's amended § 2254 petition, ECF No. 6, is DISMISSED WITHOUT PREJUDICE for Petitioner's failure to exhaust state court remedies.
4. A certificate of appealability is DENIED.
DONE and ORDER.
