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17-095 - Grantham v. Ballard


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17-095 - Grantham v. Ballard
January 16, 2018
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REPORT AND RECOMMENDATION. Magistrate Judge recommends that re 22 Motion for Judgment on the Pleadings be GRANTED and that re 1 Petition be DISMISSED with Prejudice, and re 26 Motion be DENIED as moot. Within fourteen (14) days after being sdge Michael John Aloi on 1/16/2018. (copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 1/16/2018: # (1) Certified Mail Return Receipt) (jmm).erved with a copy of this report and recommendation, any party may file with the Clerk of Court written objections identifying thoseportions of the recommendation to which objection is made and the basis for such objections. Signed by Magistrate Ju
February 28, 2018
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [DKT. NO. 27] AND STAYING CASE. The Court ADOPTS the R&R Dkt. No. 27; DENIES WITHOUT PREJUDICE Ballards Motion for Judgment on the Pleadings Dkt. No. 22; DENIES AS MOOT Granthams Motion for an Order Directing the State Court to Provide a Hearing and Fully Adjudicate Petitioners Ineffective Assistance of Counsel Claim Dkt. No. 26; Court STAYS the case. Court DIRECTS Grantham to file his unexhausted claims in state court within 30 days of receipt of this Order; to file quarterly reports, beginning on April 1, 2018, explaining the status of his unexhausted claims; and to file a notice of exhaustion within 30 days from the date his state court remedies have been fully exhausted. Signed by Senior Judge Irene M. Keeley on 2/28/2018. (copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 2/28/2018: # (1) Certified Mail Return Receipt) (jmm).