Holloway v. NH, State of et al

Filing 5

///ORDER approving 2 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(js)

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Case 1:21-cv-00205-PB Document 5 Filed 04/01/21 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Dale E. Holloway, Jr. Case No. 21-cv-205-PB v. NH, State of et al ORDER After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated March 15, 2021, direct the clerk's office to update the docket to reflect the petition was filed under 28 U.S.C. ยง 2241, and to list the Superintendent of the HCDOC as the respondent; dismiss the petition (Doc. No. 1) in its entirety, without prejudice, for lack of exhaustion; and decline to issue a certificate of appealability. /s/Paul Barbadoro__________ Paul Barbadoro United States District Judge Date: April 1, 2021 cc: Dale E. Holloway, Jr., pro se

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