Witkin v. Yates

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/10/11 RECOMMENDING that this action be construed as a challenge to petitioners 2009 conviction as enhanced by his 2005 conviction; 18 MOTION to DISMISS be denied; and respon dent be granted 30 days from the date of any order by the district court adopting these findings and recommendations in which to file either another motion to dismiss or an answer to the claims raised in the petition. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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