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05-3018 - Kohser v. Roerich


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05-3018 - Kohser v. Roerich
January 30, 2007
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REPORT AND RECOMMENDATION that: 1. Petitioner's motion for relief from the Order of January 30, 2006, or the Order of March 6, 2006 be DENIED;2. Petitioner's motion in the alternative for an extension of time for filing a new habeas petition, be GRANTED under the above-stated conditions;3. Petitioner's filings be construed to also include a motion for a stay pursuant to Rhines v. Weber, but that the motion be DENIED WITHOUT PREJUDICE;4. Petitioner's motion to proceed IFP be GRANTED; and5. Petitioner's motion for notice of non-abatement be DENIED AS MOOT. Objections to R&R due by 2/14/2007. Signed by Magistrate Judge Susan R. Nelson on 1/30/07. (jam)
May 15, 2008
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REPORT AND RECOMMENDATION Based upon all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. ยง 2254 Doc. No. 47 be DENIED. Objections to R&R due by 5/30/2008. Signed by Magistrate Judge Susan R. Nelson on 5/15/08. (JMH)
July 7, 2008
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ORDER adopting 75 Report and Recommendation, denying 47 application for habeas relief, and dismissing action without prejudice. Signed by Judge James M. Rosenbaum on 07/07/2008. (kl)