Opinion
Case No. 1:08cv131.
April 20, 2009
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on April 3, 2009 (Doc. 18).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Petitioner's Motion to Voluntarily Dismiss and Strike Habeas Corpus (Doc. 17) is GRANTED. This matter is DISMISSED without prejudice subject to refiling once Petitioner has exhausted his state court remedies.
IT IS SO ORDERED.
Exhibit