Fitzpatrick v. Ryan, No. 1:2013cv11756 - Document 23 (D. Mass. 2014)

Court Description: Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "Respondent Ryan's motion to dismiss (Docket No. 19 ) is ALLOWED and the petition is DISMISSED without prejudice. On or before July 22, 2014, petitioner may waive his unexhausted claims and re-file his petition. If he does not do so, the petition will be dismissed with prejudice and final judgment will be entered. So ordered." (Moore, Kellyann) Modified docket text on 6/25/2014 (Moore, Kellyann).