Case No. 08-cv-304-JPG-PMF.
June 22, 2009
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 31) of Magistrate Judge Philip M. Frazier recommending that the Court grant respondent Susan Shore's motion to dismiss petitioner Kevin D. Johnson's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 13) and deny Johnson's motion for stay and abeyance (Doc. 29).
After reviewing a magistrate judge's report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed.R.Civ.P. 72(b). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 31), GRANTS the motion to dismiss (Doc. 13), DISMISSES without prejudice Johnson's petition for petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) for failure to exhaust state court remedies and DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.