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07-1699 - (HC) Smith v. Board of Prison Hearings et al


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07-1699 - (HC) Smith v. Board of Prison Hearings et al
September 18, 2007
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ORDER signed by Judge Dale A. Drozd on 09/17/07 ORDERING that 1 Application for Writ of Habeas Corpus is DISMISSED w/ leave to amend w/i 30 days. Clerk directed to send habeas corpus application. (Benson, A)
December 6, 2007
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ORDER signed by Judge Dale A. Drozd on 12/5/2007 ORDERING Respondent is directed to file a response to petitioner's 4 amended habeas petition within 30 days from the date of this order. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's 9/27/2007 amended habeas petition on DAG/Michael Patrick Farrell; and the Clerk of the Court shall amend the docket to reflect Warden Richard J. Subia as the respondent in this action. (Attachments: # (1) Amended Habeas Petition)(Reader, L)
January 8, 2008
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ORDER signed by Judge Dale A. Drozd on 1/7/08 ORDERING that respondent's 6 request for an extension of time is GRANTED. Respondent shall file a response by February 18, 2008. (Duong, D)
May 27, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/23/08 Recommending that Respondents February 13, 2008 motion to dismiss 8 be granted. Petitioners application for a writ of habeas corpus be dismissed due to his failure to exhaust his available state remedies with respect to the claims presented. These Findings and Recommendations are submitted to U.S. District Judge Lawrence K. Karlton. Within twenty days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. (Mena-Sanchez, L)
August 8, 2008
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ORDER ADOPTING 11 FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 8/7/08; GRANTING 8 Motion to Dismiss filed by Richard J Subia. Petitioners application for a writ of habeas corpus is DISMISSED due to failure to exhaust available state remedies with respect to the claims presented. CASE CLOSED(Dillon, M)