Rigaud v. State of Georgia

Filing 5

ORDER APPROVING AND ADOPTING 3 Final Report and Recommendation of the Magistrate Judge recommending closing the case administratively. This action is DISMISSED without prejudice. Signed by Judge Thomas W. Thrash, Jr. on 1/24/2017. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ISNEL RIGAUD
also known as
Chrisnel Rigaud,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:17-CV-134-TWT

STATE OF GEORGIA,
Respondent.
ORDER

This is a pro se action seeking to set aside a state court conviction. It is before
the Court on the Report and Recommendation [Doc. 3] of the Magistrate Judge
recommending closing the case administratively. The Court approves and adopts the
Report and Recommendation as the judgment of the Court. It is clear that if the Court
construes the Petitioner’s pleadings as a habeas corpus action that it will have to be
dismissed for failure to exhaust state remedies and the Petitioner cannot thereafter
seek federal relief. This action is DISMISSED without prejudice.

T:\ORDERS\17\Rigaud\r&r.wpd

SO ORDERED, this 24 day of January, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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