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15-435 - DAVIS v. HALL et al


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15-435 - DAVIS v. HALL et al
June 10, 2016
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REPORT AND RECOMMENDATION re 12 MOTION to Dismiss HABEAS PETITION WITHOUT PREJUDICE/MOTION to Stay HABEAS PETITION re 5 Amended Complaint, 1 Petition for Writ of Habeas Corpus filed by ROBERT JAY DAVIS and 7 MOTION to Dismiss Petition for Lack of Exhaustion filed by HILTON HALL. It is RECOMMENDED that Petitioners Motion toDismiss/Stay be GRANTED in part and DENIED in part, Doc. 12. It is RECOMMENDEDthat Petitioners motion to stay this case be DENIED and Petitioners motion to DISMISS without prejudice be GRANTED. To the extent that Petitioner directly challenges judgment of conviction entered in Peach County Superior Court criminal action 10-CR-052 his claims are successive and it is also RECOMMENDED that they be DISMISSED. It is RECOMMENDED that Respondents Motion to Dismiss for lack of Exhaustion be DENIED as MOOT. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 06/10/2016. (cma)
August 23, 2016
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ORDER ADOPTING 16 Report and Recommendations; DENYING as moot 7 Motion to Dismiss; GRANTING 12 Motion to Dismiss; and DENYING 12 Motion to Stay. To the extent the Petitioner directly challenges his judgment of conviction entered in Peach County Superior Court criminal action 10-CR-052, those claims are DISMISSED as successive. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/23/2016. (tlh)