Opinion
Case No. C08-5600BHS.
January 23, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of the Honorable J. Kelley Arnold, United States Magistrate Judge (Dkt. 10). The Court having considered the Report and Recommendation, Plaintiff's failure to file objections, and the remaining record, does hereby find and order:
(1) The Court adopts the Report and Recommendation; and
(2) Plaintiff's civil rights complaint (Dkt. 9) is DISMISSED WITHOUT PREJUDICE. While it is difficult for the Court to understand the intent of Plaintiff's complaint, it appears Plaintiff seeks to challenge the fact of his incarceration. Plaintiff should refer to his former habeas petition and its attendant state exhaustion requirement. ( Sparks v. Unknown, C08-5484RJB/JKA, Dkt. # 7).