Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . In an Order issued simultaneously with this Report and Recommendation ("R&R"), the court has stayed this matter, except as to any objections to and the district court's disposition of this R&R and the R&R issued January 16, 2018 (Doc. No. 100), to allow petitioner, Robert Towle, to exhaust claims of ineffective assistance of trial counsel in the state courts, concerning respondent's assertion of Towle's procedural default o
Summary: REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . In an Order issued simultaneously with this Report and Recommendation ("R&R"), the court has stayed this matter, except as to any objections to and the district court's disposition of this R&R and the R&R issued January 16, 2018 (Doc. No. 100), to allow petitioner, Robert Towle, to exhaust claims of ineffective assistance of trial counsel in the state courts, concerning respondent's assertion of Towle's procedural default of..
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REPORT AND RECOMMENDATION
ANDREA K. JOHNSTONE, Magistrate Judge.
In an Order issued simultaneously with this Report and Recommendation ("R&R"), the court has stayed this matter, except as to any objections to and the district court's disposition of this R&R and the R&R issued January 16, 2018 (Doc. No. 100), to allow petitioner, Robert Towle, to exhaust claims of ineffective assistance of trial counsel in the state courts, concerning respondent's assertion of Towle's procedural default of Claims 1-11 in his § 2254 petition. The following motions are at issue in this R&R:
• Respondent's Motion for Summary Judgment (Doc. No. 72);
• Petitioner's Motion for Evidentiary Hearing (Doc. No. 78); and
• Petitioner's Motion to Vacate Deadline for Objection to Motion for Summary Judgment (Doc. No. 102).
All three of those motions in this case will be impacted by Towle's exhaustion efforts in the state courts, undertaken in compliance with the Order issued on this date. Accordingly, the district judge should approve this R&R and deny the motion for summary judgment (Doc. No. 72), the motion for an evidentiary hearing (Doc. No. 78), and the motion to vacate deadline (Doc. No. 102), without ruling on their merits, and without prejudice to the parties' ability to refile or amend them, after the stay is lifted.
Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file specific written objections to the Report and Recommendation within the specified time waives the right to appeal the district court's order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016); Fed. R. Civ. P. 72(b)(2).
