ORDER ADOPTING REPORT AND RECOMMENDATION AS MODIFIED
MANUEL L. REAL, District Judge.
The Court agrees with the Magistrate Judge that this 28 U.S.C. § 2254 habeas corpus petition is ultimately subject to dismissal without prejudice because it is "mixed," i.e., it contains both exhausted and unexhausted claims. See R&R at 2-3. For reasons explained below, however, the Court does not dismiss the action at this juncture. The Court therefore ...
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