Opinion
CIVIL ACTION NO. 10-528.
May 20, 2010
ORDER
AND NOW, this 20 day of May, 2010, upon consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Doc. 3), and after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo, it is hereby ORDERED that:
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;
3. A certificate of appealability shall not issue in that a reasonable jurist could not conclude the Court is incorrect in dismissing the habeas petition without prejudice.