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08-1505 - Brewer v. Valdez

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08-1505 - Brewer v. Valdez
November 3, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: The Court recommends that: (1) Petitioner's speedy trial claim be dismissed without prejudice for failure to exhaust state court remedies; and (2) Petitioner's remaining claims be dismissed with prejudice. Magistrate Judge Paul D Stickney no longer assigned to case. (Ordered by Magistrate Judge Paul D Stickney on 11/03/2008) (twd)
November 24, 2008
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ORDER: The court determines that the 6 findings and conclusions are correct with respect to his recommendation that the court dismiss with prejudice Petitioner's claims other than what the magistrate judge construed as a speedy trial claim and accepts the magistrate judge's findings and conclusions with respect to those claims. The court, based upon Petitioner's statement that he is not asserting a speedy trial claim, rejects the magistrate judge's findings and conclusions regarding that alleged claim because they are moot. The court therefore dismisses Petitioner's habeas petition with prejudice. (Ordered by Judge Sam A Lindsay on 11/24/2008) (twd)