Opinion
Civil Action 20-176-P
08-03-2021
JAMES SORENSON v. WARDEN
HORNSBY, MAGISTRATE JUDGE
JUDGMENT
S. MAURICE HICKS, JR., UNITED STATES DISTRICT CHIEF JUDGE
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including written objections filed by Petitioner, and determining that the findings are correct under the applicable law, IT IS ORDERED that Petitioner's application for writ of habeas corpus (Record Document 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The Court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, DENIES a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right.
The Clerk of Court is directed to close this case.
THUS DONE AND SIGNED.