Opinion
CIVIL ACTION NO. 6:06-cv-01036.
August 9, 2007
MEMORANDUM OPINION AND ORDER
Pending before the court is the respondent's Motion for Summary Judgement and Motion to Dismiss [Docket 10]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court dismiss the petition, without prejudice, for failure to exhaust state court remedies [Docket 17].
The petitioner has filed a letter-form "Appeal of Decision to Recommend Denial of Post-Conviction Habeas Corpus," which the court treats as objections to the Magistrate Judge's Proposed Findings and Recommendation. The objections in the petitioner's submission are without merit.
Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge, and ORDERS that the petition be DISMISSED, without prejudice.
The court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party.