Summary
finding that a habeas petition brought under Section 2241 "must be presented not only to the trial court but also to the state's intermediate court as well as to its supreme court" in order to be properly exhausted
Summary of this case from Mitchell v. HarryOpinion
CIVIL ACTION NO. 07-370.
April 21, 2008
ORDER
AND NOW, this 21 day of April, 2008, upon consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241, the Response thereto, and all of petitioner's remaining motions, after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo, and in light of petitioner's § 2241 petitions filed in Civil Action Nos. 07-4342 and 07-3464, for the reasons set forth in the Report and Recommendation filed in this action and the Reports and Recommendations filed in petitioner's two other habeas cases, Civil Action Nos. 07-4342 and 07-3464, and after new lising the objections of petitioner it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Petitioner's three habeas petitions shall be consolidated under this civil action, Civil Action No. 07-370, and Civil Action Nos. 07-4342 and 07-3464 shall be closed;
3. The consolidated Petitions for Writs of Habeas Corpus are DISMISSED, without prejudice;
4. Petitioner's remaining motions are DENIED;
5. A certificate of appealability shall not issue since, for the reasons explained in the Report and Recommendation, a reasonable jurist could not conclude that the Court is incorrect in dismissing the petition without prejudice.