Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Anderson v. McBride

February 28, 2007

EUGENE ANDERSON, PETITIONER,
v.
THOMAS MCBRIDE, WARDEN, REGINALD WILKINSON, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Judge Marbley

MAGISTRATE JUDGE KEMP

OPINION AND ORDER

On January 24, 2007, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 be stayed pending petitioner's exhaustion of state court remedies. Doc. No. 29. Although the parties were specifically advised of the right to object to the Report and Recommendation, and of the consequences of failing to do so, there has nevertheless been no objection to the Report and Recommendation. Petitioner has filed a memorandum in response to the Magistrate Judge's Report and Recommendation, asserting that he can establish cause for failing to exhaust his claim that his sentence violates Blakely v. Washington, 542 U.S. 296 (2004); however, petitioner does not object to the Magistrate Judge's Report and Recommendation. See Doc. No. 31.

The Report and Recommendation is hereby ADOPTED and AFFIRMED. This action is STAYED pending petitioner's exhaustion of state remedies. Petitioner is DIRECTED to keep the Court advised of the status of state court proceedings, and to return to this Court within thirty (30) days of completion of state court action. Failure to do so may result in dismissal of his habeas corpus petition.

IT IS SO ORDERED.

ALGENON L. MARBLEY United States District Judge

20070228

© 1992-2007 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.