Opinion
CIVIL ACTION NO. 08-4180.
March 4, 2009
ORDER
AND NOW, this 4 day of March, 2009, upon careful and independent review of the Report and Recommendation of Thomas J. Rueter, Chief United States Magistrate Judge, it is hereby
ORDERED
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies; and
3. A certificate of appealability is not granted.