Roddy v. Cain et al

Filing 20

RULING Adopting 16 Report and Recommendations of the U.S. Magistrate Judge. The portion of petitioners claim asserted in his Supplemental Memorandum of Law (R. Doc. 10) relating to the state trial courts denial of post-conviction DNA testing based upon newly discovered evidence should be DISMISSED WITHOUT PREJUDICE as unexhausted and that his remaining exhausted claims contained in his Petition for Writ of Habeas Corpus and Supplemental Memorandum will be DISMISSED WITH PREJUDICE as untimely-filed. Signed by Judge Frank J. Polozola on 07/14/2011. (NLT)

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