Frith v. Rader et al

Filing 14

ORDER regarding 12 REPORT AND RECOMMENDATIONS: The Court grants Petitioner's 13 Objection to Report and Recommendations. Petitioner's fourth claim, that the evidence does not support his conviction, is DISMISSED WITHOUT PREJUDICE. This matter is REFERRED to the Magistrate Judge for a Report and Recommendations on Petitioner's remaining claims. Signed by Judge Jane Triche Milazzo. (NEF: Judge Roby)(ecm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

THASSEUS FRITH

CIVIL ACTION

VERSUS

NO: 14–702

STEVE RADER, ET AL

SECTION: "H"(4)

ORDER
Before the Court is the Report and Recommendations of the Magistrate
Judge (Doc. 12) and the objections thereto (Doc. 13).

In the Report, the

Magistrate Judge recommended dismissal of the Petition without prejudice
because all four of Petitioner's claims were unexhausted. Since the filing of the
Report, the Louisiana Supreme Court has denied writs on Petitioner's state
court application for post-conviction relief. Accordingly, three of Petitioner's four
claims now appear to be exhausted. In his objections to the report, Petitioner
asks the Court to dismiss his fourth, unexhausted, claim and proceed to the
merits of his three exhausted claims.

The Court GRANTS this request.

Petitioner's fourth claim, that the evidence does not support his conviction, is
DISMISSED WITHOUT PREJUDICE. This matter is REFERRED to the
Magistrate Judge for a Report and Recommendations on Petitioner's remaining
claims.

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New Orleans, Louisiana, on this 12th day of December, 2014.

______________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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