Opinion
CIVIL ACTION NO. 09-018 SECTION "D"(3).
February 9, 2009
ORDER
The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore;
IT IS ORDERED that plaintiff's habeas corpus claim is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
IT IS FURTHER ORDERED that plaintiff's claims pursuant to 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE.