CORBITT v. ALLEN, CV513-108. (2014)
Court: District Court, S.D. Georgia
Number: infdco20140401d49
Visitors: 10
Filed: Mar. 28, 2014
Latest Update: Mar. 28, 2014
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Petitioner's objections are not responsive to the Magistrate Judge's Report. Petitioner does not address his failure to exhaust remedies available to him in the state courts of Georgia. That failure to exhaust renders this Court without the authority to consider his petition. The Report and Recomm
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Petitioner's objections are not responsive to the Magistrate Judge's Report. Petitioner does not address his failure to exhaust remedies available to him in the state courts of Georgia. That failure to exhaust renders this Court without the authority to consider his petition. The Report and Recomme..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Petitioner's objections are not responsive to the Magistrate Judge's Report. Petitioner does not address his failure to exhaust remedies available to him in the state courts of Georgia. That failure to exhaust renders this Court without the authority to consider his petition. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court.
Respondent's Motion to Dismiss is GRANTED, and the Petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED, without prejudice, as Corbitt has not completed the exhaustion process. Corbitt's Motion for Summary Judgment is DISMISSED, as moot. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal.
SO ORDERED.
Source: Leagle
