Opinion
Case No. 3:13-cv-50
06-10-2013
JAMES PATTON, Plaintiff, v. SHERIFF EUGENE FISCHER, et al., Defendants.
District Judge Timothy S. Black
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #14), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
It is hereby ORDERED that the Petition is DISMISSED without prejudice pending exhaustion of all available state court remedies. Petitioner is also DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would not be taken in objective good faith.
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Timothy S. Black
United States District Judge