Moore v. Warden, Noble Correctional Institution

Full title: DAN T. MOORE, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION…

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: May 30, 2006

Case No. 2:05-cv-808 (S.D. Ohio May. 30, 2006)

Opinion

Case No. 2:05-cv-808.

May 30, 2006

OPINION AND ORDER

JOHN HOLSCHUH, Senior District Judge

On April 13, 2006, the Magistrate Judge issued a Report and Recommendation recommending that petitioner's motion for a stay, Doc. No. 6, be denied, and that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as unexhausted. Although the parties were specifically informed of their right to object to the Report and Recommendation, and of the consequences of their failure to do so, there has nevertheless been no objection to the Report and Recommendation.

The Report and Recommendation is ADOPTED AND AFFIRMED. Petitioner's request for a stay, Doc. No. 6, is DENIED.

This action is hereby DISMISSED without prejudice as unexhausted.

IT IS SO ORDERED.