LOWRY v. STATE OF FLORIDA

Filing 5

ORDER ADOPTING THE MAGISTRATE JUDGE'S 4 REPORT AND RECOMMENDATION - The petitioner's petition (doc. 1 ) for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state remedies. The clerk shall enter judgment stating: "The petitioners petition for writ of habeas corpus is DISMISSED." Signed by SENIOR JUDGE WILLIAM STAFFORD on 8/10/2015. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

SHAWN LOWRY,
Petitioner,
v.

4:15cv267–WS/GRJ

STATE OF FLORIDA,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed July 9, 2015. Doc. 4. The magistrate judge recommends that the
petitioner's petition for writ of habeas corpus be dismissed without prejudice for
failure to exhaust available state court remedies. The petitioner has filed no
objections to the report and recommendation.
This court having reviewed the magistrate judge's report and
recommendation, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 4) is hereby

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ADOPTED and incorporated by reference into this order.
2. The petitioner's petition (doc. 1) for writ of habeas corpus is DISMISSED
WITHOUT PREJUDICE for failure to exhaust available state remedies.
3. The clerk shall enter judgment stating: "The petitioner’s petition for writ
of habeas corpus is DISMISSED.”
DONE AND ORDERED this

10th

day of

August

, 2015.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE