Barron v. Pallito et al

Filing 10

ORDER AFFIRMING, APPROVING and ADOPTING Magistrate Judge's 9 Report and Recommendation: The unexhausted claims in 4 Petition for Writ of Habeas Corpus are DISMISSED without prejudice. Respondents shall file a supplemental response t o the Petition on or before April 5, 2013. It is further certified that any appeal taken if forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 3/5/2013. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
DAVID BARRON,
Petitioner,
v.
ANDREW PALLITO and VERMONT
DEPARTMENT OF CORRECTIONS,
Respondents.

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File No. 1:12-cv-92-jgm-jmc

ORDER
The Magistrate Judge's Report and Recommendation was filed January 28,
2013. (Doc. 9.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
The unexhausted claims asserted in the Petition Under 28 U.S.C. § 2254 for Writ
of Habeas Corpus (Doc. 4) are hereby DISMISSED without prejudice. Respondents
shall file a supplemental response to the Petition on or before April 5, 2013. The
response shall be limited to Barron’s exhausted claims as described in the Report and
Recommendation, and shall address the question of whether the Vermont Supreme
Court’s rulings were “contrary to, or involved an unreasonable application of, clearly
established Federal law” or “resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented in the State court
proceeding.” 28 U.S.C. § 2254(d).

It is further certified that any appeal taken in forma pauperis from this Order
would not be taken in good faith because such an appeal would be frivolous. See 28
U.S.C. § 1915(a)(3).
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 5th day of March, 2013.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

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