Opinion
Case No. 5:05CV2013.
October 6, 2005
ORDER
On August 15, 2005, Petitioner, Ishmael A. Wahid, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his state conviction. (Dkt. #1). On September 20, 2005, this case was referred to Magistrate Judge James S. Gallas for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and LR 72.1. (Dkt. #5). The Magistrate Judge, on September 22, 2005, recommended that Petitioner's application for habeas corpus be dismissed without prejudice for both failure to exhaust state remedies and procedural default. (Dkt. #7). Petitioner then filed a "Motion to Withdraw Petition" in order to exhaust the state remedies available. (Dkt. #8).
The Court has reviewed the report and recommendation of the Magistrate Judge, de novo. The Court finds that the report and recommendation (Dkt. #7) is well-supported. Therefore, Magistrate Judge Gallas' report and recommendation is hereby ADOPTED. Accordingly, Petitioner's Motion to Withdraw his Petition for Writ of Habeas Corpus is GRANTED and this action is DISMISSED. Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
IT IS SO ORDERED.