Cassise #285716 v. Ryan et al
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|Date Filed||#||Document Text|
|June 28, 2016
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 19 in its entirety - IT IS FURTHER ORDERED that the respondents' Motion to Dismiss Habeas Petition for Containing Only Unexhausted Claims (Doc. 19 ) is granted and that the petitioner 39;s Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and that this action is dismissed without prejudice. IT IS FURTHER ORDERED that no certificate of appealability shall issue and that leave t o appeal in forma pauperis is denied because the dismissal of the petitioner's habeas petition is justified by a plain procedural bar and jurists of reason would not find the Court's procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. (See document for full details). Signed by Senior Judge Paul G Rosenblatt on 6/28/16. (LAD)
|January 26, 2016
ORDER granting the Motion for Clarification. (Doc. 14 ). FURTHER ORDERED denying the request to stay the proceedings. FURTHER ORDERED denying the Motion for Summary Disposition. (Doc. 16 ). IT IS FURTHER ORDERED that Respondents must answer the Pet ition for Writ of Habeas Corpus (Doc. 1 ) by February 26, 2016. To the extent that Respondents may request leave to file a dispositive motion in place of an answer, the request is granted. Signed by Magistrate Judge Eileen S Willett on 1/26/2016.(KMG)
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