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15-591 - (HC) Myles v. Montgomery


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15-591 - (HC) Myles v. Montgomery
June 11, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/11/15 ORDERING that Petitioner shall file a signed copy of his petition within 21 days of this order.(Dillon, M)
October 15, 2015
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[DISCHARGED PURSUANT TO 19 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/14/2015 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Yin, K) Modified on 1/7/2016 (Yin, K).
January 7, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/7/2016 DISCHARGING the 10/15/2015 order to show cause 17 ; and petitioner must file an oppostion to respondent's 15 motion to dismiss within 30 days. (Yin, K)
February 18, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/17/16 ORDERING that petitioner file a response to this order within 14 days clarifying whether he wants to dismiss his entire petition, or just his unexhausted second claim, or whether he desires to seek a stay of his federal petition to exhaust his state remedies on what he now argues as a basis for his second claim. (Dillon, M)
March 14, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/11/16 ORDERING that the first amended petitions second ground for relief is DISMISSED without prejudice pending exhaustion; it is RECOMMENDED that respondent's motion to dismiss based on the fact of a mixed petition 15 be denied; This action be stayed pending the exhaustion of petitioners second claim; and Petitioner be granted 30 days following the final order of the state courts within which to file a motion for leave to amend the petition to include the newly exhausted claims. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
April 26, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr on 4/22/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/14/16 26 are ADOPTED in full; Respondent's MOTION to Dismiss 15 is DENIED; This Action is STAYED pending the exhaustion of Petitioner's second claim; and Petitioner is GRANTED thirty days following the final order of the state court within which to file a MOTION for leave to amend the petition to include the newly exhausted claims.(Mena-Sanchez, L)