WILLIAMS v. SELLERS

Filing 81

ORDER adopting Report and Recommendations re 52 Motion to Dismiss. Ordered by Judge Hugh Lawson on 5/23/2013. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION ELBERT LEE WILLIAMS, Petitioner, v. Civil Action No. 7:12-cv-141 (HL) ERIC SELLERS, Warden, Respondent. ORDER Before the Court is the Report and Recommendation of Magistrate Judge Thomas Q. Langstaff on Respondent Eric Seller’s Motion to Dismiss (Doc. 52). In his Recommendation, Judge Langstaff states that Respondent’s Motion should be granted, which would have the effect of dismissing Petitioner’s federal habeas petition based on his failure to exhaust all state remedies. This Court agrees that Petitioner has not exhausted his state remedies, and thus, the Respondent’s Motion to Dismiss is granted. In light of the dismissal, the Court will take no further action on the motions that remain pending in this case. SO ORDERED, this 23rd day of May, 2013. s/ Hugh Lawson______________ HUGH LAWSON, SENIOR JUDGE ebrs  

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