December 30, 2013
M. FARRELL, et al.
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 Slack v. McDaniel , 529 U.S. 473, 484 (2000).