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16-3267 - Fry v. Red Wing Correctional, Red Wing, MN


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16-3267 - Fry v. Red Wing Correctional, Red Wing, MN
December 8, 2016
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REPORT AND RECOMMENDATION recommends 1. Petitioner Earl A. Fry's petition for a writ of habeas corpus brought pursuant to 28 U.S.C. ยง 2254 [ECF No. 1] be DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. 2. Fry's motion to appoint counsel [ECF No. 5] be DENIED. 3. No certificate of appealability be issued. Signed by Magistrate Judge Tony N. Leung on 12/8/16. (LPH) cc: Fry
January 3, 2017
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ORDER denying 5 Motion to Appoint Counsel; adopting Report and Recommendations re 8 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 1/3/2017. (DLO) (cc: Fry) Modified on 1/4/2017 (AKL).