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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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2018: # (1) Certified Mail Return Receipt) (njz).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 (Additional attachment(s) added on 3/15/
June 25, 2018
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5/18. (njz) (Main Document 51 replaced on 6/25/2018) (njz). Modified on 6/25/2018-corrected judge signature line-nef regen (njz). (Additional attachment(s) added on 6/25/2018: # (1) Certified Mail Return Receipt) (njz).ORDER AND ROSEBORO NOTICE re 49 MOTION for Summary Judgment filed by Ralph Terry. Within 28 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge James E. Seibert on 6/2