Opinion
CASE NO.: 4:07cv361-SPM/WCS.
December 29, 2008
ORDER
This cause comes before the Court on the Magistrate Judge's Report and Recommendation (doc. 25) dated November 6, 2008. The parties have been furnished a copy and afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 25) is ADOPTED and incorporated by reference in this order.
2. Respondent's motion to dismiss (doc. 17) is granted.
3. The petition is dismissed without prejudice for failure to exhaust state court remedies.
4. The clerk shall send a copy of this order and the report and recommendation to Assistant Public Defender Joel Arnold, 301 S. Monroe Street, Suite 401, Tallahassee, Florida, 32301.
DONE AND ORDERED.