Summary
adopting magistrate judge's recommendation at 2012 WL 6863212 (D.S.D. Dec. 3, 2012), and dismissing a defendant's habeas petition without prejudice pursuant to 28 U.S.C. § 2244(b)
Summary of this case from Garcia v. BertschOpinion
CIV. 12-4196
01-15-2013
BURTON LOHNES, Petitioner, v. DOUGLAS WEBER, Warden, Respondent.
ORDER
Petitioner Burton Lohnes, an inmate at the South Dakota State Penitentiary, has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Report and Recommendation recommending that the Petition be dismissed without prejudice.
The Court has reviewed the file including the timely filed objections of Petitioner Lohnes to the Report and Recommendation of Judge Simko. None of the objections overcome the findings and recommendations of Judge Simko in the Report and Recommendation. Accordingly, the Petition for Writ of Habeas Corpus of Petitioner Burton Lohnes is denied without prejudice for failure to exhaust his state remedies and for failure to seek permission to file a second or successive petition.
IT IS ORDERED that:
1. Petitioner's objections (Doc. 8) are OVERRULED and the Report and Recommendation (Doc. 7) is ADOPTED.
2. Petitioner's application for writ of habeas corpus is dismissed without prejudice.
3. A Certificate of Appealability shall not issue.
BY THE COURT:
______________
Lawrence L. Piersol
United States District Judge
ATTEST:
JOSEPH HAAS, CLERK
By: ___ Deputy