Opinion
Civil Action No. 3:01-CV-0458-L
May 31, 2001
ORDER
After making an independent review of the pleadings, file and record in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge filed on May 7, 2001, the court concludes that the findings and conclusions of the United States Magistrate Judge are correct. The Findings, Conclusions and Recommendation of the United States Magistrate Judge are hereby accepted by the court. Accordingly, Petitioner's Petition for a Writ of Habeas Corpus is hereby dismissed without prejudice for failure to exhaust state court remedies, and the clerk of the court is directed to return all copies of Petitioner's Petition for Writ of Habeas Corpus to him forthwith.
On May 18, 2001, Petitioner submitted a one-page document regarding the Magistrate Judge's recommendation. Although Petitioner states that he objects to the recommendation, he sets forth no specific objections. Instead, Petitioner seeks clarification on the effect of dismissal, and whether it will preclude him from seeking federal habeas relief on this same claim in the future. As Petitioner's petition is being dismissed without prejudice, he may refile it in federal court, after all state court remedies have been exhausted. Petitioner also requests that, if his petition is dismissed, the clerk return the document to him. The court grants this request.
It is so ordered.