Bourdon v. Northern NH Correctional Facility, Warden

Filing 43

/// ORDER approving 35 Report and Recommendation, granting Mr. Bourdon the right to file a motion to amend his § 2254 petition as set forth therein; taking under advisement 25 Motion for Summary Judgment; taking under advisement 31 Motion for Summary Judgment; So Ordered by Judge Landya B. McCafferty.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Ronald Bourdon
v.

Civil No. 15-cv-138-LM

Northern NH Correctional Facility,
Warden

O R D E R
After due consideration of the objection filed, the court
approves the Report and Recommendation (R&R) of Magistrate Judge
Andrea K. Johnstone dated February 13, 2017 (document no. 35),
for the reasons set forth therein.

Mr. Bourdon’s petition is a

mixed petition, which contains both exhausted and unexhausted
claims.

The court grants Mr. Bourdon the right to file a motion

to amend his § 2254 petition to forego (or drop) each
unexhausted claim (see R&R doc. no. 35 ¶ 4) within 30 days of
the date of this order as set forth in paragraph 5 of the
February 13, 2017 R&R.

If petitioner fails to file a motion to

amend his petition within that time-frame, the petition will be
dismissed without prejudice.

The pending cross motions for summary judgment (document
nos. 25 and 31) are hereby taken under advisement.
SO ORDERED.

____________________________
Landya B. McCafferty
United States District Judge
Date: June 12, 2017
cc:

Ronald Bourdon, pro se
Elizabeth Woodcock, Esq.