Opinion
Case No. 1:06-cv-749.
December 28, 2006
JUDGMENT APPROVING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
On November 9, 2006, United States Magistrate Judge Ellen S. Carmody issued a Report and Recommendation ("R R") recommending that petitioner's application for habeas corpus relief be dismissed without prejudice for failure to exhaust available state court remedies. No objections were filed to the R R.
The court, having reviewed the R R filed by the United States Magistrate Judge in this action and the relevant portions of the file in this matter, determines that the Magistrate Judge has made a thorough and accurate review of the record and agrees with the reasoning and recommended disposition contained in the R R. Therefore, the court hereby approves and adopts the R R as the decision of the court.
IT IS ORDERED that Petitioner's application for habeas corpus relief be DISMISSED without prejudice pursuant to Rule 4 of the Rules Governing § 2254 Cases for failure to exhaust available state court remedies.