Opinion
CASE NO. 4:06cv547-SPM/WCS.
August 28, 2007
ORDER
THIS CAUSE comes before the Court on the magistrate judge's report and recommendation dated August 18, 2007 (doc. 30). Petitioner has been furnished a copy of the report and recommendation and filed objections (doc. 31). Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation is correct and should be adopted by the Court.
As explained at page 4 of the report and recommendation, Petitioner is not entitled to federal habeas relief because he has not exhausted his state remedies; nor has he demonstrated exceptional circumstances so as to justify interfering with a pending state criminal case. Younger v. Harris, 401 U.S. 37, 43-56 (1931) (explaining fundamental policy against federal interference with state criminal prosecutions); Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 483, 490-91 (1973) (discussing exhaustion requirement);Ex parte Hawk, 321 U.S. 114, 116-18 (1944) (discussing exhaustion requirement).
Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 30) is ADOPTED and incorporated by reference in this order.
2. The § 2241 petition for writ of habeas corpus (doc. 1, as supplemented) is denied. The pending motions are denied as moot.
DONE AND ORDERED.