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15-755 - Cain v. Martinez et al


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15-755 - Cain v. Martinez et al
March 8, 2017
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MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION re: 1 Petition for 2254 Relief by Magistrate Judge Kirtan Khalsa. Objections to Proposed Findings and Recommended Disposition due by 3/22/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (kmt)
March 30, 2017
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ORDER ADOPTING 14 Magistrate Judge's Proposed Findings and Recommended Disposition by District Judge William P. Johnson. IT IS THEREFORE ORDERED as follows: Petitioner's objections in his Opposition to Magistrate Judge's Proposed Findings and Recommended Disposition 16 are OVERRULED; Petitioner's Application for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 1 will be dismissed without prejudice unless Petitioner notifies the Court no later than seventeen (17) days after entry of this Order that he intends to amend and resubmit his Petition withdrawing his unexhausted claims and presenting only the exhausted claims as described herein. (kg)