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16-838 - Carlisle v. Normand, et al


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16-838 - Carlisle v. Normand, et al
June 3, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (28:2254); 9 MOTION for Evidentiary Hearing. For the foregoing reasons, it is RECOMMENDED that Carlisle's petition for issuance of a writ of habeas corpus under 28 U.S.C. 2254 be DISMISSED WITH PREJUDICE as moot. In the alternative, if the court finds that his petition is not moot, it is RECOMMENDED that Carlisle's Motion for Full Evidentiary Hearing (Rec. Doc. No. 9) be DENIED, and his petition for issuance of a writ of habeas corpus under 28 U.S.C. 2254 be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies, unless he amends his petition to dismiss the unexhausted claim and pursue only the exhausted claims, as described above. Objections to R&R due by 6/17/2016. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/3/2016.(my)
February 22, 2017
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ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS. The Court has considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the Plaintiff's objections to the Magistrate Judge's Report and Recommendation. The Report and Recommendations with respect to the recommendation to dismiss the petition as moot is adopted. Accordingly, the Petitioner's motion for evidentiary hearing is denied. IT IS ORDERED that the petition of Taylor Carlisle for issuance of a writ of habeas corpus under 28 U.S.C. ยง 2254 be DISMISSED WITH PREJUDICE as moot. New Orleans, Louisiana, this 21st day of February, 2017. Signed by Judge Susie Morgan on 2/21/2017.(cg)