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DOTY v. LUND

No. C98-3012-MWB.

78 F.Supp.2d 898 (1999)

Reede Mitchell DOTY, Petitioner, v. Mark LUND, Warden, Respondent.

United States District Court, N.D. Iowa, Central Division.

November 22, 1999.

Attorney(s) appearing for the Case

Teresa A. O'Brien, Sioux City, IA, for Petitioner.

Robert P. Ewald, Asst. Iowa Atty. Gen., Des Moines, IA, for Respondent.

ORDER REGARDING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

BENNETT, District Judge.

This petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 comes before the court on the October 6, 1999, Report and Recommendation of United States Magistrate Judge Paul A. Zoss. Because the petition was a "mixed petition," containing both exhausted and unexhausted claims, Judge Zoss recommended that the petition be dismissed without prejudice. Petitioner...

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