Opinion
Civil Action 3:23-CV-1982-G-BN
09-12-2023
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
A. JOE FISH, Senior United States District Judge.
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case.
Petitioner filed objections reflecting that he has been released from state custody and asserting that he has exhausted his available state remedies. But his assertions as to exhaustion are conclusory and at odds with the state court record of which the court may take judicial notice.
The District Court therefore reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, reviewed the remaining proposed findings, conclusions, and recommendation for plain error, and finds no error.
Accordingly, the court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
SO ORDERED.