Green v. Chase et al

Filing 13

ORDER granting 7 Motion to Dismiss and adopting Report and Recommendations re 11 Report and Recommendations.Ordered by Judge C. Ashley Royal on 01/20/09 (cma)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TERRY DEWAYNE GREEN, Petitioner, v. ALEXIS CHASE, and the STATE OF GEORGIA, Respondents. _____________________________________ : : : : : : : : : : :

Civil Action No. 5:08-CV-68 (CAR)

ORDER ON THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is the United States Magistrate Judge's Recommendation [Tab 11] that Respondent's Motion to Dismiss [Doc. 7] the present petition for lack of exhaustion of state remedies be granted. No Objection was filed, and having considered the matter, this Court agrees with the findings and conclusions of the United States Magistrate Judge. The Recommendation of the United States Magistrate Judge is therefore ADOPTED and MADE THE ORDER OF THE COURT. Respondent's Motion is GRANTED, and Petitioner's application for a federal writ of habeas corpus is hereby DISMISSED without prejudice. SO ORDERED, this 20th day of January, 2009.

S/ C. Ashley Royal C. ASHLEY ROYAL UNITED STATES DISTRICT JUDGE jlr