Opinion
CASE NO.3:12-cv-358-MW/CJK
04-16-2013
BYRON L. SIMMONS Petitioner, v. ALAN PIPPIN, Respondent.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
The Court has considered the Magistrate's Report and Recommendation, ECF No. 17, filed March 27, 2013. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the Court's opinion. The Clerk shall enter judgment stating, "The Respondent's Motion to Dismiss is GRANTED; the Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE for Petitioner's failure to exhaust and procedural default of all claims raised in the petition; and a certificate of appealability is DENIED."
The Clerk shall close the file.
Mark E. Walker
United States District Judge