Whatley v. Warden Ross Correctional Institution

Filing 19

OPINION AND ORDER: On 03/31/17, the Magistrate Judge issued a Report and Recommendation 14 recommending that Respondent's Motion to Dismiss be granted in part and denied in part. Respondent and Petitioner both filed an Objection to the Repor t and Recommendation. Respondent's Objection 15 and Petitioner's Objection 18 are overruled. The Report and Recommendation 14 is adopted and affirmed. Respondent's Motion to Dismiss 8 is granted as to habeas corpus claims 4 through 9, and denied as to claims 1 through 3. Respondent shall file a Return of Writ addressing the remaining habeas corpus claims 1 through 3 with 21 days. Petitioner may file a response within 14 days thereafter. Signed by Chief Judge Edmund A. Sargus on 06/02/2017. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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