King v. Minnesota, State of
Filing
7
ORDER. Accordingly, the Court adopts the R&R [Docket No. 4 ] insofar as it recommends allowing King to abandon his unexhausted claim and proceed on his exhausted claims. This case is remanded to Judge Mayeron for further proceedings. (Written Opinion). Signed by Judge Patrick J. Schiltz on 5/11/10. (sf)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CALVIN KING, Petitioner, v. STATE OF MINNESOTA, Respondent. Calvin King, petitioner pro se. Petitioner Calvin King has filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Janie S. Mayeron filed on April 30, 2010. Judge Mayeron recommends dismissing King's petition without prejudice as a "mixed" petition containing both exhausted and unexhausted claims. See Rose v. Lundy, 455 U.S. 509, 510 (1982). But Judge Mayeron also gave King the option of avoiding dismissal by abandoning his unexhausted claim and proceeding with only his exhausted claims. R&R at 6. King has chosen to exercise that option by filing an amended petition abandoning his unexhausted claim. Docket No. 6. Accordingly, the Court adopts the R&R [Docket No. 4] insofar as it recommends allowing King to abandon his unexhausted claim and proceed on his exhausted claims. This case is remanded to Judge Mayeron for further proceedings. SO ORDERED. Dated: May 11, 2010 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge ORDER Case No. 10-CV-1815 (PJS/JSM)
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