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08-8049 - Underwood v. Morris et al


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08-8049 - Underwood v. Morris et al
October 30, 2008
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ORDER; Petitioner shall respond by 12/1/08 as to why his petition should not be dismissed without prejudice; alternatively, Petitioner may show cause why the Court should stay the instant habeas petition and hold it in abeyance until Peititoner's State court proceedings conclude. Signed by Magistrate Judge Lawrence O Anderson on 10/29/08. (REW, )
November 25, 2008
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REPORT AND RECOMMENDATION, recommending that Respondents' 13 Motion to Dismiss be GRANTED; that Petitioner's 8 Amended Petition for Writ of Habeas Corpus be DISMISSED without prejudice; and that Respondents' 13 Alternative Motion to Stay and Abey the Petition for Writ of Habeas Corpus be DENIED as moot. Signed by Magistrate Judge Lawrence O Anderson on 11/25/08. (REW, )
December 22, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS that the 16 Report and Recommendation of the Magistrate Judge is accepted. That the Clerk of the Court enter judgment dismissing petitioner's 8 Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 without prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 12/19/08. (ESL)