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06-1078 - MCFIELD v. PIAZZA et al


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06-1078 - MCFIELD v. PIAZZA et al
February 13, 2007
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REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE TIMOTHY R. RICE REGARDING WILFORD MCFIELDS PETITION FOR WRIT OF HABEAS CORPUS. IT IS RESPECTFULLY RECOMMENDED THAT MCFIELD'S PETITION BE DISMISSED WITHOUT PREJUDICE BECAUSE IT IS UNEXHAUSTED. IT ALSO RECOMMENDED THAT A CERTIFICTAE OF APPEALABILITY NOT BE GRANTED.OBJECTIONS TO R&R DUE BY 3/6/2007. SIGNED BY JUDGE TIMOTHY R. RICE ON 2/12/07. 2/14/07 ENTERED AND COPIES MAILED, E-MAILED.(gs)
April 21, 2008
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ORDER THAT MAGISTRATE JUDGE RICE'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR PETITIONER TO FILE A PETITION AFTER EXHAUSTING ALL MEANS OF AVAILABLE STATE-COURT RELIEF. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED FOR STATISTICAL PURPOSES. SIGNED BY THE HONORABLE JAMES KNOLL GARDNER ON 4/17/08. 4/21/08 ENTERED AND COPIES MAILED AND E-MAILED.(ky, )