Opinion
CASE NO. 3:17-CV-05664-RJB-JRC
11-27-2017
JONATHAN D. SMITH, Petitioner, v. DONALD HOLBROOK, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation (Dkt. 8).
(2) Petitioner's habeas petition is DISMISSED without prejudice; petitioner may refile his habeas petition when he has exhausted his state court remedies.
Dated this 27th day of November, 2017.
/s/_________
ROBERT J. BRYAN
United States District Judge