Mariano v. NH State Prison, Warden - 32 by justia

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									Mariano v. NH State Prison, Warden

Doc. 32

Case 1:05-cv-00025-PB

Document 32

Filed 04/27/2006

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Mark Mariano v. Warden, NH State Prison Case No. 05-cv-25-PB

O R D E R I have already determined that petitioner’s unexhausted claims are meritless. Accordingly, the case should not be stayed to allow petitioner to exhaust his unexhausted claim. 125 S.Ct. 1528, 1535 (2005). See Rhines v. Weber,

The case shall instead be dismissed

without prejudice to permit petitioner to exhaust his unexhausted claim unless, on or before May 27, 2006, petitioner files a motion to dismiss only his unexhausted claim. Petitioner is on notice

that he may lose the right to litigate his unexhausted claim in federal court if he files such a motion. SO ORDERED. /s/Paul Barbadoro Paul Barbadoro U.S. District Judge Date: April 27, 2006 cc: Mark Mariano, pro se Susan McGinnis, Esq.

Dockets.Justia.com

Case 1:05-cv-00025-PB

Document 32

Filed 04/27/2006

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