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07-2032 - Malone v. Quarterman

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07-2032 - Malone v. Quarterman
January 29, 2008
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FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Petitioner's application for writ of habeas corpus should be dismissed. Those claims challenging the authority of Texas and Oklahoma parole officials to supervise petitioner based on the validity of the underlying indictment should be dismissed without prejudice pending review by a three-judge panel of the court of appeals. All other claims should be dismissed without prejudice for failure to exhaust state remedies. Magistrate Judge Jeff Kaplan no longer assigned to case. (Signed by Magistrate Judge Jeff Kaplan on 1/29/2008) (mfw)
February 12, 2008
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ORDER ACCEPTING 13 Findings and Recommendation of the Magistrate Judge (Signed by Judge Jorge A Solis on 2/12/2008) (twd)