Filed: Jul. 30, 2015
Latest Update: Jul. 30, 2015
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which no Objections have been filed. Respondent's Motion to Dismiss, dkt. no. 7, is GRANTED. Johnson's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2254, dkt. no. 1, is DISMISSED, without prejudice, based on Johnson's failure to exhaust his available state remedies prior to
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which no Objections have been filed. Respondent's Motion to Dismiss, dkt. no. 7, is GRANTED. Johnson's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2254, dkt. no. 1, is DISMISSED, without prejudice, based on Johnson's failure to exhaust his available state remedies prior to f..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which no Objections have been filed. Respondent's Motion to Dismiss, dkt. no. 7, is GRANTED. Johnson's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, dkt. no. 1, is DISMISSED, without prejudice, based on Johnson's failure to exhaust his available state remedies prior to filing his petition. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case.
Furthermore, for the reasons stated in the Magistrate Judge's Report and Recommendation, Johnson is hereby DENIED a certificate of appealability, and he is DENIED leave to appeal in forma pauperis.
SO ORDERED.
