Opinion
CASE NO. C15-5660 BHS
02-23-2016
ROBERT ARSENEAU, Petitioner, v. MARGARET GILBERT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 20. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) The petition (Dkt. 12) is DISMISSED without prejudice to the filing of a federal habeas petition after petitioner has exhausted his state judicial remedies. An evidentiary hearing is unnecessary and the Court denies issuance of a certificate of appealability.
Dated this 23rd day February, 2016.
/s/_________
BENJAMIN H. SETTLE
United States District Judge