Alford v. Warden, Lebanon Correctional Institution
Filing 22
ORDER and SUPPLEMENTAL REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Brian Keith Alford. It is ORDERED that the 12 Report and Recommendation is VACATED only to the extent that the Court has jurisdiction to consider petitioner's ex post facto claim alleged in Ground Three of the petition as it pertains to a parole hearing that was held on 7/20/12. It is RECOMMENDED that Petitioner's claim in Ground Three of an ex post facto violation occurring at the 7 /20/2012 parole hearing be denied with prejudice on the ground that it is plainly without merit. Alternatively, the claim should be dismissed without prejudice on the ground that petitioner has not exhausted the claim in the state courts (Objections to R&R due by 12/24/2012). Signed by Magistrate Judge Stephanie K. Bowman on 12/7/12. (mtw) (Additional attachment(s) added on 12/7/2012: # 1 Certified Mail Receipt) (mtw).
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