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15-123 - Minda v. Ballard


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15-123 - Minda v. Ballard
March 4, 2016
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REPORT AND RECOMMENDATIONS; Magistrate Judge recommends that re 35 Petitioners Motion for Leave to Hold the 2254 Writ of Habeas Corpus in Abeyance be DENIED; 36 Respondents Motion to Dismiss be GRANTED; 37 Petitioners Motion for Disposition of Respondents Motion to Dismiss be DENIED AS MOOT; and 1 Petitioners ยง 2254 Petition be DISMISSED WITHOUT PREJUDICE. Within fourteen (14) days of the filing of this Recommendation, filewith the Clerk of Court written objections identifying those portions of theRecommendation to which objection is made and the basis for such objections. Signed by Magistrate Judge James E. Seibert on 3/4/2016. (copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 3/4/2016: # (1) Certified Mail Return Receipt) (jmm).
April 21, 2016
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eibert for an evidentiary hearing. Signed by District Judge Irene M. Keeley on 4/21/2016. (copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 4/21/2016: # (1) Certified Mail Return Receipt) (jmm).ORDER REMANDING CASE TO THE MAGISTRATE JUDGE re 38 Report and Recommendations. The Court FINDS that the evidence of record is insufficient for it to determine which of Mindas claims have been exhausted, and REMANDS this case to Magistrate Judge S
June 17, 2016
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gned by Magistrate Judge James E. Seibert on 6/17/16. (Copy PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 6/17/2016: # (1) Certified Mail Return Receipt) (mh).REPORT AND RECOMMENDATIONS. It is recommended that the Petitioner's 35 Motion for Leave to Hold the 2254 Writ of Habeas Corpus in Abeyance be denied; Respondent's 36 Motion to Dismiss be granted; Petitioner's 37 Motion for Disposition of Respondent's Motion to Dismiss be denied as moot; and the Petitioner's 1 2254 Petition be dismissed without prejudice to the petitioner's right to renew the same following the proper exhaustion of state remedies. Any party may, within fourteen (14) days of the filing of this Recommendation, file with the Clerk of Court written objections identifying those portions of the Recommendation to which objection is made and the basis for such objections. Si
August 31, 2016
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py counsel of record)(jmm)MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION DKT. NO. 61, DENYING THE PETITIONERS MOTION FOR DISPOSITION DKT. NO. 37 AND MOTION TO HOLD THE PETITION IN ABEYANCE DKT. NO. 35,DENYING THE RESPONDENTS MOTION TO DISMISS DKT. NO. 36, GRANTING THE RESPONDENTS MOTION TO FILE SUPPLEMENTAL EXHIBITS DKT. NO. 52, AND DIRECTING THE PETITIONER TO ADVISE THE COURT HOW HE INTENDS TO PROCEED. Court ORDERS Minda to notify it, within 14 days following receipt of this Opinion, whether heintends to amend his petition to delete any unexhausted claims. If Minda does not respond, the Court NOTIFIES him that it will dismiss his mixed petition. Signed by District Judge Irene M. Keeley on 8/31/2016. (Co