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15-12789 - Kyricopoulos v. Mitchell


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15-12789 - Kyricopoulos v. Mitchell
February 9, 2016
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Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM because the habeas petitioner has failed to exhaust state remedies filed by Lisa Mitchell; 19 MOTION filed by James Peter Kyricopoulos. Recommendation: The Court recommends that the District Judge assigned to this case grant Respondent's motion to dismiss and dismiss Kyricopoulos' petition without prejudice. The Court further recommends that the District Judge deny Kyricopoulos' motion to be released from custody immediately. Objections to R&R due by 2/23/2016 (York, Steve)
March 30, 2016
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Judge Indira Talwani: ORDER entered ALLOWING Petitioner's 54 Motion to Amend Objections; ADOPTING the 30 Report and Recommendation and the #43 Report and Recommendation; ALLOWING Respondent's 12 Motion to Dismiss; and DENYING Petitioner's 19 Motion to be Released from Custody Immediately and 22 Motion for Contempt. (DaSilva, Carolina)