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06-324 - Morris v. Warden Wolfe


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06-324 - Morris v. Warden Wolfe
January 26, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus & 9 MOTION Petition for a writ of mandamus: The Magistrate Judge RECOMMENDS that claim one be DISMISSED but that an evidentiary hearing be held on claims three and four. It is also RECOMMENDED that consideration of claim two be deferred and that petitioner's writ of mandamus be DENIED as moot. Objections to R&R due by 2/9/2007. Signed by Judge Norah McCann King on 1/26/07. (er )
January 4, 2008
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REPORT AND RECOMMENDATION that the State be directed to release petitioner or reinstate his appeal wihtin sixty (60) days. The Magistrate Judge further Recommends that claim four be dismissed as moot and that claim two and the remainder of petitoner claims of ineffective assistance of counsel be dismissed without prejudice re # 1 Petition for Writ of Habeas Corpus filed by Craig Morris Objections to R&R due by 1/18/2008 Signed by Judge Norah McCann King on 1/04/08. (rew, )
March 24, 2008
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OPINION and ORDER Adopting and Affirming 35 Report and Recommendation; Petition for Writ of habeas corpus conditionally GRANTED on Petitioner's claim of ineffective asssistance of counsel; the State shall release Petitioner or Reinstate his appeal within 60 days; Claim 2 dismissed as moot; and Claim 2 and the remainder of Petitioner's claims of ineffective assistance of counsel are DISMISSED without prejudice as unexhausted. Signed by Judge Edmund A Sargus on 3/24/08. (aq1, )