Opinion
Civil Action No. 04-1784.
July 12, 2004
ORDER
AND NOW, this ____ day of ____, 2004, upon careful and independent consideration of the pleadings and record herein, and after review of the Report and Recommendation of Thomas J. Rueter, United States Magistrate Judge, it is
ORDERED
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus is DISMISSED, without prejudice, for failure to exhaust state court remedies; and
3. No certificate of appealability is granted.