Rodriguez v. Elo

ORDER ACCEPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, IN PART, AND DISMISSING PLAINTIFF’S HABEAS CORPUS ACTION WITHOUT PREJUDICE

ROSEN, District Judge.

This habeas corpus action is presently before the Court on the June 29, 2001 Report and Recommendation of United States Magistrate Judge Steven D. Pepe recommending that the Court (1) grant Petitioner’s motion for voluntary dismissal of his mixed habeas corpus petition of exhausted and unexhausted claims to afford him the opportunity to exhaust his state remedies; (2)dismiss the habeas petition without prejudice; and (3) equitably…