Filed: Mar. 31, 2016
Latest Update: Mar. 31, 2016
Summary: ORDER VICKI MILES-LaGRANGE , District Judge . On February 18, 2016, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that respondent's Motion to Dismiss for Failure to Exhaust State-Court Remedies be denied, petitioner's unexhausted claims within his petition, Grounds 4, 5, 6, and Habeas Ground 7, be deleted for failure to exhaust, and t
Summary: ORDER VICKI MILES-LaGRANGE , District Judge . On February 18, 2016, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that respondent's Motion to Dismiss for Failure to Exhaust State-Court Remedies be denied, petitioner's unexhausted claims within his petition, Grounds 4, 5, 6, and Habeas Ground 7, be deleted for failure to exhaust, and th..
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ORDER
VICKI MILES-LaGRANGE, District Judge.
On February 18, 2016, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that respondent's Motion to Dismiss for Failure to Exhaust State-Court Remedies be denied, petitioner's unexhausted claims within his petition, Grounds 4, 5, 6, and Habeas Ground 7, be deleted for failure to exhaust, and that respondent should file an answer, motion, or other response to petitioner's remaining habeas claims (Grounds 1, 2, 3, and Oklahoma Court of Criminal Appeals ("OCCA") Ground 7). The parties were advised of their right to file an objection to the Report and Recommendation by March 3, 2016. Petitioner filed his objections on March 3, 20161, and respondent filed his response to petitioner's objections on March 21, 20162.
Having carefully reviewed this matter de novo, the Court:
1. ADOPTS the Report and Recommendation [docket no. 14] issued on February 18, 2016;
2. DENIES respondent's Motion to Dismiss for Failure to Exhaust State Court Remedies [docket no. 11];
3. GRANTS petitioner's request to delete his unexhausted habeas claims, Grounds 4, 5, 6, and Habeas Ground 7;
4. ORDERS respondent to respond to petitioner's remaining habeas claims Grounds 1, 2, 3, and OCCA Ground 7 on or before April 20, 2016; and
5. RECOMMITS this matter to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
