Opinion
CIV 06-1126 MCA/KBM.
March 14, 2007
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition on February 9, 2007. See Doc. 13. The proposed findings notify Petitioner of his ability to file objections and that failure to do so waives appellate review. To-date, Petitioner has not filed any objections and there is nothing in the record indicating that the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED THAT:
1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 13) is ADOPTED;
2. The § 2254 petition is dismissed WITHOUT prejudice for failure to exhaust state remedies; and
3. A final order enter concurrently herewith.