Smith v. Deville et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 . It is Ordered that the petition of Steve Smith for issuance of a writ of habeas corpus is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust his state court remedies. Signed by Judge Jane Triche Milazzo.(ecm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STEVE SMITH

CIVIL ACTION

VERSUS

NO. 15‐4084

WARDEN KEITH DEVILLE

SECTION “H”(5)
O R D E R

The Court, having considered the petition, the record, the applicable law, the Report
and Recommendation of the United States Magistrate Judge, and the failure of any party to file
an objection to the Magistrate Judge’s Report and Recommendation, hereby approves the
Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion
in this matter. Accordingly,
IT IS ORDERED that the petition of Steve Smith for issuance of a writ of habeas corpus
under 28 U.S.C. § 2254, is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust his
state court remedies.
New Orleans, Louisiana, this 29th day of December, 2015.

UNITED STATES DISTRICT JUDGE