Opinion
No. 2:06-cv-071.
June 19, 2006
MEMORANDUM AND ORDER
Gregory Paul Price has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging the validity of his December 22, 2005 state parole revocation. Magistrate Judge Timothy P. Greeley submits a report and recommendation [Doc. No. 2] pursuant to 28 U.S.C. § 636(b)(1) recommending that the habeas petition be dismissed on the ground of failure to completely exhaust available state court remedies under Michigan law. The Magistrate Judge also recommends that a certificate of appealability be denied under 28 U.S.C. § 2253(c)(2).
On April 6, 2006, Price made a motion for reconsideration [Doc. No. 3] which the Court treats as an objection to the report and recommendation. After reviewing the entire record de novo, the Court concludes that the objection is not well taken and it is DENIED. Price has failed to meet his burden of showing that he has exhausted his available state remedies.
Pursuant to 28 U.S.C. § 636(b)(1), the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's report and recommendation. The petition for writ of habeas corpus brought under 28 U.S.C. § 2254 will be DENIED AND DISMISSED WITHOUT PREJUDICE. For the reasons expressed by the Magistrate Judge in the report and recommendation, any application for a certificate of appealability under 28 U.S.C. § 2253(c) is DENIED. Any appeal would be frivolous.
A separate judgment will enter.
SO ORDERED.