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07-895 - Carlton v. State of Tennessee

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07-895 - Carlton v. State of Tennessee
September 5, 2008
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eg. & cert. mail) (dt) Modified Text on 9/5/2008 (dt).REPORT AND RECOMMENDATION: Magistrate Judge Griffin recommends that Respondent's MOTION to Dismiss 12 be Granted and that this action be Dismissed Without Prejudice. Signed by Magistrate Judge Juliet E. Griffin on 9/5/08. (cc: Petitioner by r
September 29, 2008
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ORDER: The Report and Recommendations 16 is Accepted and Approved. Respondent's Motion to Dismiss 12 is Granted. This case is Dismissed Without Prejudice. Entry of this Order on the docket shall constitute entryof a final judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Further, because Petitioner cannot demonstrate reasonable jurists would find it debatable whether the Court was correct in determining Petitioner has failed to establish that he has exhausted his state remedies, a Certificate of Appealability will not issue. Signed by Senior Judge Robert Echols on 9/29/08. (cc: petitioner by reg. & cert. mail) (dt) Modified Text on 9/29/2008 (dt).