Opinion
2:21-CV-00023
06-22-2021
ALAN TIKAL #69252-097 v. WARDEN MA'AT
SEC P
KAY MAGISTRATE JUDGE
JUDGMENT
JAMES D. CAIN, JR. JUDGE
Before the court is a Report and Recommendation [doc. 8] of the Magistrate Judge, recommending that petitioner's petition for writ of habeas corpus [doc. 1] be denied and dismissed with prejudice for failure to exhaust. The court has conducted an independent review of the record, as well as the objections filed by petitioner [doc. 9], and finds that the Report and Recommendation is correct under applicable law. Accordingly, IT IS ORDERED that the Report and Recommendation [doc. 8] be ADOPTED, that the petition [doc. 1] be DENIED and DISMISSED, without prejudice to petitioner's right to bring a new petition upon completion of proper exhaustion. IT IS FURTHER ORDERED that petitioner's Motion to Amend [doc. 10] be DENIED, as it fails to change the grounds on which the petition is dismissed.
THUS DONE AND SIGNED.
UNITED STATES DISTRICT JUDGE