Opinion
CIVIL ACTION 07-0077-CB-M.
June 26, 2007
ORDER
After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that this action be DISMISSED WITHOUT PREJUDICE so that Petitioner may exhaust his State Court claims.
Petitioner filed a mixed petition of exhausted and unexhausted claims. He was informed in the Report and Recommendation that his petition would be dismissed without prejudice to allow him an opportunity to exhaust all claims unless he informed the Court by June 22, 2007 that he wished to dismiss the unexhausted claims and proceed only on the exhausted claim. Petitioner objected to the Report Recommendation but did not avail himself of the option of proceeding only on the exhausted claim.