Mabe v. Vermont Department of Corrections, Commissioner of the et al
| Matthew J. Mabe |
| State of Vermont and Vermont Department of Corrections, Commissioner of the |
| 1:2014cv00012 |
| January 21, 2014 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| Windsor |
| John M. Conroy |
| J. Garvan Murtha |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
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ORDER ADOPTING 11 REPORT AND RECOMMENDATION, dismissing 4 Motion for Writ of Habeas Corpus. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. 1915(a)(3). Signed by District Judge J. Garvan Murtha on 10/31/2014. (esb)
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Filing
10
ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 9 Report and Recommendation re: denying 7 Motion to Dismiss. This action is STAYED conditioned on plaintiff's pursuing state court remedies within 30 days, and his return to this Court within 30 days after exhausting those remedies. The Court,on its own motion, DISMISSES with prejudice plaintiff's claim insofar as it alleges defects in the post-conviction relief proceedings. It is further certified that any appeal taken in forma pauperis from this Orderwould not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 5/22/2014. (kak)
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