Opinion
CIVIL ACTION NO. 10-6100.
April 22, 2011
ORDER
AND NOW, this, 21st day of April, 2011, upon careful and independent consideration of the petition for writ of habeas corpus; the motion to dismiss, to which Petitioner has not responded; and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Respondents' Motion to Dismiss Petition for Writ of Habeas Corpus as Unexhausted (Doc. No. 6) is GRANTED;
3. The petition for a writ of habeas corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE as unexhausted;
4. There is no basis for the issuance of a certificate of appealability.