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09-1751 - O'Neal v. Bradshaw

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09-1751 - O'Neal v. Bradshaw
February 2, 2010
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Order Adopting Report and Recommendation of Magistrate Judge. Petitioner's Motion for Stay and Abeyance is denied. Petitioner shall make his election whether (1) to dismiss his Petition as a mixed petition and exhaust his state claims or (2) to withdraw his unexhausted claims within TWENTY-ONE DAYS of this Order, i.e., on or before February 24, 2010 and Petitioner's Motion for Extenstion of Time to File Traverse is denied at this time. Furthermore, the Court certifies, pursuant to 28 USC 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 USC 2253(c); Fed.R.App.P. 22(b).. Judge Christopher A. Boyko on 02/02/10. (M,M)