TIMOTHY J. SAVAGE, District Judge.
AND NOW, this 30th day of December, 2013, upon consideration of petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1), and the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated December 4, 2013, it is ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated December 4, 2013, is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies; and
3. A certificate of appealability will not issue because reasonable jurists would not debate this Court's procedural ruling as required under 28 U.S.C. § 2253(c)(2). See ...