Gapen v. Bobby

Filing 167

ORDER ADOPTING REPORT AND RECOMMENDATIONS - According, the Warden's Motion to Dismiss on the basis that Grounds Twenty-Four and Twenty-Five are not cognizable in habeas corpus is DENIED on the authority of Adams v. Bradshaw, supra. The Warden's procedural default defense to Ground 25 is DENIED without prejudice as premature. Signed by Judge Walter H Rice on 09/13/12. (pb1)

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