Opinion
No. 2:99-CV-0400
February 27, 2001
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING RESPONDENT'S MOTION TO DISMISS
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner WELDON GIBSON. On March 1, 2000, respondent GARY L. JOHNSON filed a motion to dismiss for failure to exhaust state court remedies. On February 8, 2001, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that respondent's motion to dismiss be denied. No objections to the Magistrate Judge's Report and Recommendation have been filed of record.
The undersigned United States District Judge has made an independent examination of the record in this case and has examined the Report and Recommendation of the Magistrate Judge. The District Judge is of the opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, respondent's motion to dismiss for failure to exhaust state court remedies is hereby DENIED.
The United States District Clerk is directed to mail a file-marked copy of this Order to petitioner and to each attorney of record by first class U.S. mail.
IT IS SO ORDERED.