Bourdon v. Northern NH Correctional Facility, Warden
/// 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
Civil No. 15-cv-138-LM
Northern NH Correctional Facility,
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
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.
Landya B. McCafferty
United States District Judge
Date: June 12, 2017
Ronald Bourdon, pro se
Elizabeth Woodcock, Esq.
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