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EFREM COLEMAN PETITIONER v. MARGARET BINGHAM, ET AL., ET AL. RESPONDENTS.

FINAL JUDGMENT ADOPTING REPORT AND RECOMMENDATION

MICHAEL MILLS, District Judge

Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated September 11, 2007, was on that date duly served by mail upon the pro se petitioner at his last known address; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore ORDERED:

1. That the Report and Recommendation of the United States Magistrate Judge dated September 11, 2007, is hereby APPROVED AND ADOPTED as the opinion of the court.

2. That the instant petition for a writ of habeas corpus under 28 U.S.C. § 2254 is hereby DISMISSED without prejudice for failure to exhaust state court remedies.

3. That the petitioner's motion to hold the instant case in abeyance until he exhausts state court remedies is hereby DENIED.

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COLEMAN v. BINGHAM
(Dec 3, 2007)