Opinion
CIVIL ACTION NO. 07-811.
June 5, 2007
ORDER
AND NOW, this 4th day of June, 2007, upon careful and independent consideration of the pleadings and the record herein, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (docket no. 6), and having received no objections thereto, it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED without prejudice for failure to exhaust state remedies;
3. There is no probable cause to issue a certificate of appealability.