Civil Action No. 11-766.
August 17, 2011
Pastor Fred Harris, III ("Petitioner"), is a state pretrial detainee who has filed a federal habeas petition pursuant to the provisions of 28 U.S.C. § 2254. (Doc. 9). This case was referred to United States Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.1) of the Local Rules for Magistrates.
On July 22, 2011, the magistrate judge issued a report and recommendation, (Doc. 10), recommending that this petition be dismissed, sua sponte, as being facially unexhausted in the state courts. Petitioner was granted until August 5, 2011, to file objections. As of the date of this writing, no objections have been filed.
After de novo review of the pleadings and documents in his case, together with the report and recommendation (Doc. 10), the following order is entered:
AND NOW, this 17th day of August, 2011,
IT IS HEREBY ORDERED that Petitioner's petition for writ of habeas corpus (Doc. 9) is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Bissoon (Doc. 10), dated July 22, 2011, is adopted as the opinion of this Court.