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12-10592 - Caldwell v. Vidal


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12-10592 - Caldwell v. Vidal
June 28, 2012
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Magistrate Judge Robert B. Collings: REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss for Failure to Exhaust Ground Seven filed by James Saba Recommendation: The SJC is the final aribter of state law. On the basis of the SJC's ruling, any constitutional claim which Caldwell seeks to set forth fails. Therefore, I RECOMMEND that Respondent's Motion to Dismiss for Failure to Exhaust Ground Seven (#13) be DENIED but FURTHER RECOMMEND that Ground Seven of the § 2254 Petition be DISMISSED forthwith on the merits and that the parties be required to brief the merits of the other six grounds raised in Caldwell's § 2254 Petition. Objections to R&R due by 7/12/2012(Dolan, Kathleen)
July 30, 2012
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Judge Patti B. Saris: ENDORSED ORDER entered ADOPTING 15 Report and Recommendations and GRANTING 13 Motion to Dismiss. "I ADOPT the report and recommendation without objection and DISMISS the petition without prejudice to refiling if ground seven is exhausted. Petitioner has not suggested he is willing to drop the claim." (Anderson, Jennifer)
April 25, 2016
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Chief Judge Patti B. Saris: ORDER ON 31 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus (28:2254) entered. " I Adopt the Report and Recommendations without Opposition. The Petition is Dismissed ". (Geraldino-Karasek, Clarilde)