Powers v. O'BRIEN

ORDER

JOSEPH L. TAURO, District Judge.

This court ACCEPTS and ADOPTS the June 16, 2008 Report and Recommendation (“Report and Recommendation”) of Magistrate Judge Dein. For the reasons set forth in the Report and Recommendation, this court orders that: (1) Respondent’s Motion to Dismiss is DENIED. (2) Petitioner’s Motion to Stay is DENIED. (3) Petitioner has thirty days (August 14, 2008) from the date of this Order to drop his unexhausted claims from his Petition for Writ of Habeas Corpus. If Petitioner fails to do so, Respondent may file a renewed Motion to Dismiss.

IT IS SO ORDERED.

REPORT AND…