Opinion
Civil Action 20-497-SDD-SDJ 21-288-SDD-SDJ
07-06-2023
RULING
SHELLY D. DICK, CHIEF JUDGE UNITED STATES DISTRICT COURT
The Court has carefully considered the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Scott D. Johnson, dated June 6, 2023, to which an Agreement was filed. Considering the agreement of Plaintiff, the Court hereby approves the Report and Recommendation of the Magistrate Judge for the reasons herein.
Rec. Doc. 5.
Rec. Doc. 6.
ACCORDINGLY, Petitioner's application for habeas corpus relief is dismissed for lack of exhaustion, without prejudice to Petitioner's ability to file a timely petition for the federal writ of habeas corpus, if necessary, upon the exhaustion of his claims in state court.
IT IS FURTHER ORDERED in the event Petitioner pursues an appeal in this case, a certificate of appealability is denied.