McFarland v. Ballard

Filing 42

ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION; Court ADOPTS the R&R Dkt. No. 40 ; DENIES the respondent's motion to dismiss the petition as untimely Dkt. No. 14 ; DENIES the respondents motion for summary judgment Dk t. No. 23 ; DENIES the respondents motion to dismiss for failure to exhaust Dkt. No. 31 ; GRANTS IN PART AND DENIES IN PART the petitioners motion to proceed with Martinez claims or to stay the proceeding pending exhaustion Dkt. No. 38 ; STAYS the case. Court DIRECTS the petitioner to file his unexhausted claims in state court within 30 days of receipt of this Order. Signed by District Judge Irene M. Keeley on 7/29/2016. (copy Counsel of record via CM/ECF, Copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 7/29/2016: # 1 Certified Mail Return Receipt) (jmm).

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