Opinion
CIVIL ACTION NUMBER: 07-9202 SECTION: "A"(5).
February 13, 2009
ORDER
The Court, having considered the petition, the record, the applicable law and 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 same and adopts it as its opinion in this matter. Therefore;
Petitioner did file a motion to amend his complaint after the Report and Recommendation had been filed. The proposed amendment would not cure any of the deficiencies identified in the R R.
IT IS ORDERED that plaintiff's Section 1983 claims are DISMISSED WITH PREJUDICE; IT IS FURTHER ORDERED that plaintiff's habeas corpus claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies;
IT IS FURTHER ORDERED that the Motion to Amend Complaint (Rec. Doc. 37) is DENIED as moot.