Russo v. New Hampshire, State of

Filing 72

// ORDER approving 32 Report and Recommendation with respect to remaining claims 1 and 4. Those claims are dismissed without prejudice for failure to comply with the court's directives and failure to demonstrate exhaustion of available state court remedies with respect to those claims. The court declines to issue a certificate of appealability. The clerk shall close this case. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Amato John Russo,
Petitioner

v.

Case No. ll-cv-587-SM

State of New Hampshire,
Respondent

O R D E R

Notwithstanding the appointment of counsel to assist him, and
repeated extensions of time to afford him a full opportunity to
demonstrate exhaustion of state remedies with respect to the federal
claims he seeks to assert in his habeas corpus petition, as required,
petitioner has utterly failed to comply with the directives of the
court as set out in its order dated August 17, 2012 (docket no. 44),
as reiterated at the hearing held on February 2, 2014.

Claims 2 and

3 set out in the petition as construed by the Magistrate Judge were
withdrawn by petitioner a hearing held on February 2, 2014.
Report and Recommendation

The

(docket no. 32) is approved and adopted

with respect to the remaining claims. Those claims are dismissed
without prejudice for failure to comply with the court's directives
and failure to demonstrate exhaustion of available state court
remedies with respect to those claims. 28 U . S .C .§2254(b)(1).
Pursuant to Rule 11, Rules Governing Section 2254 Cases, the court

declines to issue a certificate of appealability,

although

petitioner may seek such a certificate from the United States Court
of Appeals for the First Circuit under Federal Rule of Appellate
Procedure 22(b).

The clerk shall close this case.

SO ORDERED.

Date: March 19, 2014
cc:

Amato John Russo,

Pro se

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