Opinion
Civil Action No. 3:04-CV-798-L.
August 31, 2004
ORDER
This is a habeas case brought under 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On August 16, 2004, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed, to which Petitioner filed objections on August 26, 2004.
The magistrate judge recommends that Petitioner's petition for habeas corpus relief be denied for failure to exhaust administrative remedies and that Respondent's Motion to Dismiss for Failure to Exhaust State Administrative Remedies be granted. In his objections, Petitioner contends that the magistrate judge's recommendation is erroneous given that he did exhaust his administrative remedies. Petitioner, however, merely reurges the grounds that were presented to the magistrate judge. Accordingly, after a careful de novo review, the court overrules Petitioner's objections.
Having reviewed the pleadings, file and record in this case, the findings and conclusions of the magistrate judge, and Petitioner's objections, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are accepted as those of the court. Accordingly, the court grants Respondent's Motion to Dismiss for Failure to Exhaust State Administrative Remedies and denies Petitioner's Motion to Deny Respondent's Motion to Dismiss. Petitioner's petition for habeas corpus is hereby denied for failure to exhaust administrative remedies, and this action is dismissed without prejudice.
It is so ordered.