Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION 25 Report and Recommendation; GRANTING 17 Motion to Dismiss filed by STATE OF FLORIDA, JAMES MCDONOUGH,. Signed by JUDGE STEPHAN P MICKLE on 12/29/2008. The petition is dismissed without prejudice for failure to exhaust state court remedies. (Mailed copy of this order and the R&R to Assistant Public Defender Joel Arnold.) (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JEREMY ELLIS, Petitioner, vs. WALTER A. McNEIL, Respondent. _______________________/ ORDER This cause comes before the Court on the Magistrate Judge's Report and Recommendation (doc. 25) dated November 6, 2008. The parties have been furnished a copy and afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 25) is CASE NO.: 4:07cv361-SPM/WCS ADOPTED and incorporated by reference in this order. 2. 3. Respondent's motion to dismiss (doc. 17) is granted. The petition is dismissed without prejudice for failure to exhaust state Page 2 of 2 court remedies. 4. The clerk shall send a copy of this order and the report and recommendation to Assistant Public Defender Joel Arnold, 301 S. Monroe Street, Suite 401, Tallahassee, Florida, 32301. DONE AND ORDERED this 29th day of December, 2008. s/ Stephan P. Mickle Stephan P. Mickle United States District Judge CASE NO.: 4:07cv361-SPM/WCS

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