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16-1489 - BUXTON v. THOMPSON et al


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16-1489 - BUXTON v. THOMPSON et al
March 27, 2017
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REPORT AND RECOMMENDATION re 13 the Amended Petition for Writ of Habeas Corpus, filed by ANDY BUXTON, recommending that the Amended Petition be dismissed pre-service pursuant to Rule 4 of the Rules Governing Section 2254 cases, because Petitioner failed to exhaust his state court remedies, given that he had a pending post sentence motion in state court at the time he filed the present Section 2254 habeas petition. Objections to R&R for Unregistered ECF Users due by 4/13/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 3/27/2017. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner via first class mail at his address of record. (tmr)
April 14, 2017
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ne on 4/13/17. (njt)ORDER dismissing Amended Petition, denying certificate of appealability, and adopting 14 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cerco