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16-003 - Gardner, Jr. v. Ballard


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16-003 - Gardner, Jr. v. Ballard
January 23, 2017
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REPORT AND RECOMMENDATIONS: re: 1 PETITION for Writ of Habeas Corpus. RECOMMENDATION: for the reasons set forth in this opinion, it is recommended that the Respondent's 22 Motion to Dismiss for Failure to Exhaust, construed here as a Motion for Summary Judgment, be GRANTED and Petitioners 1 § 2254 petition be DISMISSED without prejudice to the Petitioner's right to renew the same following the proper exhaustion of his state court remedies. 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 1/23/2017. Copy mailed to pro se petitioner by CMRR to his last known address as shown on the docket and to all counsel (Young & Mowen) via cm/ecf.(cwm) (Additional attachment(s) added on 1/23/2017: # (1) Certified Mail Return Receipt) (cwm).
March 16, 2017
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ORDER ADOPTING 32 REPORT AND RECOMMENDATION; granting Respondent's 22 Motion to Dismiss for Failure to Exhaust; and dismissing without prejudice Petitioner's §2254 1 Petition. This matter is ordered stricken from the docket and judgment is to be entered in favor of the respondent. Signed by Chief Judge Gina M. Groh on 3/16/2017. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 3/16/2017: # (1) Certified Mail Return Receipt) (tlg).