O'Leary v. NH State Prison, Warden

Filing 10

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, the stay is lifted and recommends dismissal of the petition for inclusion of unexhausted claims. Follow up on Objections to R&R on 12/21/2009. Signed by Magistrate Judge James R. Muirhead. (amm)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Anthony O'Leary v. NH State Prison, Warden ORDER and REPORT AND RECOMMENDATION Petitioner was ordered to exhaust state remedies and to advise the court of the status of his state case every ninety (90) days. He has failed to provide any status report since The stay is lifted and I recommend dismissal Civil No. 07-cv-269-JM

January 31, 2008.

of the petition for inclusion of unexhausted claims. Any objections to this report and recommendation must be filed within fourteen (14) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the district court's order. See Unauthorized

Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986). _________________________________ James R. Muirhead United States Magistrate Judge Date: December 2, 2009 cc: Anthony O'Leary, pro se