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16-016 - McKinney v. Mirandy

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16-016 - McKinney v. Mirandy
July 28, 2016
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REPORT AND RECOMMENDATIONS: RECOMMENDATION that the Respondents 17 Motion to Dismiss for Failure to Exhaust State Remedies be GRANTED; Petitioners 1 Petition for Writ of Habeas Corpus be DISMISSED WITHOUT PREJUDICE for failure to exhaust State Remedies; and Petitioners 10 Motion to Appoint Counsel be DENIED AS MOOT. Any party may file, within fourteen (14) days after being served with a copy of this Recommendation, with the Clerk of the Court written objections. Signed by Magistrate Judge James E. Seibert on 7/28/16. (Attachments: # (1) Certified Mail Return Receipt)(jss)
August 22, 2016
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9;s 1 Petition is DENIED and DISMISSED WITH PREJUDICE; Petitioner's 10 Motion to Appoint Counsel is hereby DENIED AS MOOT and the Clerk is DIRECTED to enter judgment in favor of the Respondent and to STRIKE this case from the active docket.ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Seibert's 24 Report and Recommendation is ADOPTED; Respondent's 17 Motion to Dismiss for Failure to Exhaust State Remedies is hereby GRANTED; Petitioner Signed by District Judge John Preston Bailey on 8/22/16. (Attachments: # (1) Certified Mail Return Receipt)(copy Petitioner)(cnd) Modified relationship on 8/22/2016 (cnd).