Kasenge v. Ryan

Filing 38

Judge Indira Talwani: ORDER entered denying without prejudice 26 Motion to Dismiss for Failure to State a Claim. The court hereby sets the following briefing schedule: Petitioner shall file a memorandum in support of his petition no later than May 18, 2015. Respondent shall file a memorandum in opposition to the petition no later than June 15, 2015. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JESSE JAMES KASENGE, formerly
known as JESSE KASENGE,
Petitioner,
v.
KELLY RYAN,
Respondent.

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Civil Action No. 13-11725-IT

ORDER
March 18, 2015
TALWANI, D.J.
Before this court is Respondent’s Motion to Dismiss for Failure to Exhaust State Court
Remedies [#26], in which Respondent argues that Petitioner failed to exhaust Ground One of his
petition. In reading the petition, the court concludes that the nature of Petitioner’s legal claim in
Ground One is unclear. As a result, it is unclear whether Petitioner exhausted Ground One. The
court orders that Respondent’s Motion to Dismiss for Failure to Exhaust State Court Remedies
[#26] is DENIED WITHOUT PREJUDICE. The court will order briefing on the merits of the
petition. Respondent can raise the issue of exhaustion after or in connection with the merits
briefing. The court hereby sets the following briefing schedule:
Petitioner shall file a memorandum in support of his petition no later than May 18, 2015.
Respondent shall file a memorandum in opposition to the petition no later than June 15, 2015.

IT IS SO ORDERED.
March 18, 2015

/s/ Indira Talwani
United States District Judge