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17-039 - Gray, Jr. v. Ballard et al

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17-039 - Gray, Jr. v. Ballard et al
February 8, 2018
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REPORT AND RECOMMENDATIONS: The undersigned recommends that theRespondents Motion for Summary Judgment ECF No. 26 be GRANTED and thePetition ECF No. 1 be DISMISSED WITH PREJUDICE. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections Signed by Magistrate Judge James E. Seibert on 2/8/18. (Attachments: # (1) Certified Mail Return Receipt)(jss)
March 14, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION. This Court ORDERS that the Respondent's Motion to Dismiss as Unexhausted and Procedurally Barred [Doc.16, is hereby GRANTED IN PART and the unexhausted claims in the petitioner's ยง2254 Petition [Doc. 1 are hereby DISMISSED WITH PREJUDICE. Further, this matter is hereby RECOMMITTED to the magistrate judge with instruction to issue a new R&R regarding petitioner's remaining claim of double jeopardy. As a final matter, upon an independent review of the record, this Court hereby DENIES a certificate of appealability. Signed by District Judge John Preston Bailey on 3/14/18. (njz) copy mailed to pro se pet via cert. return rec't mail