Mute v. State of Alaska

Filing 108

ORDER Granting in Part and Denying in Part the Motion to Dismiss at Docket 58 . (Jan, Chambers Staff)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA STANLEY J. MUTE, Petitioner, Case No. 4:08-cv-0010-RRB vs. STATE OF ALASKA, ORDER GRANTING IN PART AND DENYING IN PART DOCKET 58 Respondent. Before the Court, at Docket 58, is Respondent with a Motion to Dismiss Second Amended Petition, filed by Petitioner Mute at Docket 45, for procedural grounds. The matter has been fully briefed and was the subject of a Final Report and Recommendation at Docket 103. The Court also conducted a de novo review of the entire matter. Based thereon, the Court hereby adopts the Final Report and, for the reasons set forth therein, hereby DENIES the Motion to Dismiss at Docket 58 as to Petitioner’s first ground for habeas relief but GRANTS the Motion as to the second and third grounds for relief. IT IS SO ORDERED. ENTERED this 4th day of October, 2011. S/RALPH R. BEISTLINE UNITED STATES DISTRICT JUDGE ORDER RE DOCKET 58 - 1 4:08-CV-0010-RRB

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