Opinion
No. CV-05-5099-CI.
October 20, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION WITHOUT PREJUDICE
Magistrate Judge Imbrogno filed a Report and Recommendation on August 15, 2006, recommending Mr. McNeil's habeas corpus petition be dismissed without prejudice. There being no objections, the Court ADOPTS the Report and Recommendation. The Petition is DISMISSED WITHOUT PREJUDICE for failure to exhaust.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Petitioner, enter judgment and close the file.