UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
May 15, 2012
DIRECTOR OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS, RESPONDENT.
The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION
Megrave filed a § 2254 habeas petition on November 3, 2011. After receiving a notice from the Court regarding a possible failure on his part to exhaust his claims in state court, Megrave filed a motion for voluntary dismissal of his unexhausted claims on December 29, 2011. On January 30, 2012, Magistrate Judge Lewis issued a Report and Recommendation suggesting that Megrave's motion be granted and that his habeas petition be dismissed without prejudice. Respondent subsequently filed a notice of non-opposition.
The Court ADOPTS the R&R in its entirety. Megrave's motion for voluntary dismissal of his unexhausted claims is GRANTED, and his petition is DISMISSED WITHOUT PREJUDICE. Respondent needn't file an answer to Megrave's petition at this time.
IT IS SO ORDERED.
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