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16-1270 - Davenport v. Chapdelaine et al

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16-1270 - Davenport v. Chapdelaine et al
April 12, 2017
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ORDER to Dismiss in Part and for Answer. ORDERED that claims 1 and 2 of the Application for a Writ of Habeas Corpus 1 are dismissed with prejudice as procedurally defaulted. ORDERED that claim 5 is dismissed without prejudice to the extent Applicant challenges the state district court's failure to hold an evidentiary hearing in the state post-conviction proceeding. ORDERED that Applicant may file a Reply within thirty days after Respondents file an Answer. Signed by Judge Philip A. Brimmer on 04/12/17. (jhawk, )