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15-6809 - Walker v. Cain et al


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15-6809 - Walker v. Cain et al
March 21, 2016
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REPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus (28:2254). It is RECOMMENDED that federal application for habeas corpus relief filed by Jamal Walker be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 4/4/2016. Signed by Magistrate Judge Sally Shushan.(gec)
April 28, 2016
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ORDER AND REASONS - For the foregoing reasons, the Court DENIES Walker's motion to stay the proceedings. The Court GRANTS Walker's motion to amend his petition only to withdraw the unexhausted claim. The Court defers ruling on Walker's motion to amend his petition to assert new claims for habeas relief. IT IS ORDERED that Walker has thirty (30) days from the entry of this order to amend his petition, alleging only those claims that the Magistrate Judge has determined are exhausted and thus properly before the Court. His amended petition should therefore address only (1) the sufficiency of the evidence and (2) whether the identification procedure was impermissibly suggestive. IT IS FURTHER ORDERED that if Walker files his petition within the Court's deadline, the motion for leave to amend his petition by adding new claims for relief shall be submitted before the Magistrate Judge.. Signed by Judge Sarah S. Vance on 4/28/16. (NEF: Mag 1)(jjs)
September 9, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS. It is RECOMMENDED that petitioner's motion for leave to amend his petition to assert additional claims be DENIED. It is FURTHER RECOMMENDED that his federal application for habeas corpus relief be DISMISSED WITH PREJUDICE. Objections to R&R due by 9/23/2016. Signed by Magistrate Judge Janis van Meerveld.(gec)
December 29, 2016
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2016.(mmm)ORDER ADOPTING REPORT AND RECOMMENDATIONS 21 SUPPLEMENTAL R&R; denying 18 MOTION for Leave to File Amended Petition for Writ of Habeas Corpus; the Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 12/29/