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15-722 - Houston v. Warden, Warren Correctional Institution


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15-722 - Houston v. Warden, Warren Correctional Institution
July 1, 2016
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REPORT AND RECOMMENDATIONS - It is recommended that 1. Petitioners motion to stay and hold the instant case in abeyance (Doc. 11) be DENIED. 2. Respondents motion to dismiss the mixed petition without prejudice on exhaustion grounds (Doc. 7) be GRANTED only if petitioner fails to inform the Court in writing within thirty (30) days of the date of filing of this Report and Recommendation that he elects to withdraw his unexhausted ineffective- assistance-of-appellate-counsel claim and proceed to judgment on the remaining claims alleged in the petition. If, on the other hand, petitioner informs the Court in writing within thirty (30) days of the date of filing of this Report and Recommendation that he elects to withdraw his unexhausted ineffective-assistance-of-appellate-counsel claim, respondents motion to dismiss (Doc. 7) should be DENIED and petitioner allowed to proceed on the remaining claims alleged in the petition that are not subject to dismissal on exhaustion grounds. Objections to R&R due by 7/18/2016. Signed by Magistrate Judge J. Gregory Wehrman on 7/1/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2016
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ORDER adopting 12 Report and Recommendations: The Court does determine that such Recommendation should be adopted. Accordingly, petitioners motion to stay and hold the instant case in abeyance (Doc. 11)is DENIED. Respondents motion to dismiss the mixed petition without prejudice on exhaustiongrounds (Doc. 7) is GRANTED only if petitioner fails to inform the Court in writing withinthirty (30) days of the date of filing of the Report and Recommendation that he elects towithdraw his unexhausted ineffective-assistance-of-appellate-counsel claim and proceed tojudgment on the remaining claims alleged in the petition. If, on the other hand, petitionerinforms the Court in writing within thirty (30) days of the date of filing of this Report and Recommendation that he elects to withdraw his unexhausted ineffective-assistance-of-appellate counselclaim, respondents motion to dismiss (Doc. 7) will be DENIED and petitioner isallowed to proceed on the remaining claims alleged in the petition that are not subject todismissal on exhaustion grounds. Signed by Judge Susan J. Dlott on 8/8/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)