Vanderschuit #247948 v. Ryan et al
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|Date Filed||#||Document Text|
|September 21, 2016
ORDER: The Magistrate Judge's Report and Recommendation (Doc. 44 ) is ACCEPTED; accordingly, Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; in the event Petitioner files an appeal and consistent w ith the unobjected-to recommendation in the R&R (Doc. 44 at 33), the Court denies issuance of a certificate of appealability because jurists of reason would not find the procedural rulings debatable and Petitioner has not made a substantial showing of the denial of a constitutional right; and, the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 9/21/2016. (REK)
|February 18, 2016
ORDER: Petitioner's Motion to Clarify, (Doc. 24 ), is reclassified as a Notice to the Court. The Report and Recommendation, (Doc. 21 ), is accepted and adopted, hereby granting Respondents Motion to Stay, (Doc. 19 ), and Petitioner's Mo tion to Stay. (Doc. 20 ). Accordingly, Petitioner's Petition for Writ of Habeas Corpus is stayed and held in abeyance until Petitioner's Ground Five claims are exhausted in state court. Petitioner's Motion to Strike Prior Motion and to Grant Leave to File an Amended Habeas Petition, (Doc. 23 ), is DENIED. Petitioner's objections to the Magistrate Judge's R&R, (Doc. 25 ), are overruled. This case is still referred to the Magistrate Judge for further proceedings. Wit hin thirty days after the date of this Order, Respondents must inform the Court of the status of Petitioner's proceeding in state court. Petitioner must diligently pursue his state remedies. Every ninety days after the filing of the initial status report, Respondents must file a report regarding the status of the state court proceedings. Signed by Senior Judge James A Teilborg on 2/18/2016. (REK)
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