Ponce v. Keith

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 . IT IS ORDERED that the petition of Yilver Ponce for issuance of a writ of habeas corpus under 28 U.S.C. ' 2254, will be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies, un less Ponce chooses to amend the petition to dismiss the unexhausted claims for relief and proceed with only the exhausted claims. Ponce is granted leave of court to file an amended petition for issuance of a writ of habeas corpus through and including September 6, 2016. If an amended petition is not filed by September 6, Ponces petition will be dismissed without prejudice. Signed by Judge Susie Morgan on 8/5/16.(cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
YILVER PONCE

CIVIL ACTION

VERSUS

NO. 15-1179

TIMOTHY KEITH, WARDEN

SECTION AE@(5)
ORDER

The Court, having considered the petition, the record, the applicable law, the Report
and Recommendation of the United States Magistrate Judge, and the objections thereto,
hereby approves the Report and Recommendation of the United States Magistrate Judge and
adopts it as its opinion in this matter. Accordingly,
IT IS ORDERED that the petition of Yilver Ponce for issuance of a writ of habeas
corpus under 28 U.S.C. ' 2254, will be DISMISSED WITHOUT PREJUDICE for failure to
exhaust state court remedies, unless Ponce chooses to amend the petition to dismiss the
unexhausted claims for relief and proceed with only the exhausted claims. Ponce is granted
leave of court to file an amended petition for issuance of a writ of habeas corpus through and
including September 6, 2016. If an amended petition is not filed by September 6, Ponce’s
petition will be dismissed without prejudice.
New Orleans, Louisiana, this 5th day of August, 2016

UNITED STATES DISTRICT JUDGE