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16-676 - Whatley v. Warden Ross Correctional Institution


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16-676 - Whatley v. Warden Ross Correctional Institution
March 31, 2017
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REPORT AND RECOMMENDATION that 8 MOTION to Dismiss Habeas Petition be GRANTED as to grounds four through nine and DENIED as to grounds one through three. If this recommendation is adopted, the Court should direct Respondent to file a return of writ as to grounds one through three within 21 days and permit Petitioner to file a traverse within fourteen days thereafter. Objections to R&R due by 4/14/2017. Signed by Magistrate Judge Terence P. Kemp on 3/31/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 2, 2017
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OPINION AND ORDER: On 03/31/17, the Magistrate Judge issued a Report and Recommendation 14 recommending that Respondent's Motion to Dismiss be granted in part and denied in part. Respondent and Petitioner both filed an Objection to the Report and Recommendation. Respondent's Objection 15 and Petitioner's Objection 18 are overruled. The Report and Recommendation 14 is adopted and affirmed. Respondent's Motion to Dismiss 8 is granted as to habeas corpus claims 4 through 9, and denied as to claims 1 through 3. Respondent shall file a Return of Writ addressing the remaining habeas corpus claims 1 through 3 with 21 days. Petitioner may file a response within 14 days thereafter. Signed by Chief Judge Edmund A. Sargus on 06/02/2017. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 25, 2017
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REPORT AND RECOMMENDATION re 6 Petition for Writ of Habeas Corpus filed by James L. Whatley, Jr. in that it is RECOMMENDED this action be DISMISSED. Objections to R&R due by 11/8/2017. Signed by Magistrate Judge Chelsey M. Vascura on 10/25/2017. (kpt)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 24, 2018
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ORDER adopting Report and Recommendations re 24 Report and Recommendations. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED. The Court DECLINES to issue a certificate of appealability. Signed by Chief Judge Edmund A. Sargus on 1/24/2018. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)