Bourdon v. Northern NH Correctional Facility, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Ronald Bourdon
v. Civil No. 15-cv-138-LM
Northern NH Correctional Facility,
Warden
O R D E R
After due consideration of the objection filed, the court
approves the Report and Recommendation (R&R) of Magistrate Judge
Andrea K. Johnstone dated February 13, 2017 (document no. 35),
for the reasons set forth therein. Mr. Bourdon’s petition is a
mixed petition, which contains both exhausted and unexhausted
claims. The court grants Mr. Bourdon the right to file a motion
to amend his § 2254 petition to forego (or drop) each
unexhausted claim (see R&R doc. no. 35 ¶ 4) within 30 days of
the date of this order as set forth in paragraph 5 of the
February 13, 2017 R&R. If petitioner fails to file a motion to
amend his petition within that time-frame, the petition will be
dismissed without prejudice.
Case 1:15-cv-00138-LM Document 43 Filed 06/12/17 Page 1 of 2

The pending cross motions for summary judgment (document
nos. 25 and 31) are hereby taken under advisement.
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: June 12, 2017
cc: Ronald Bourdon, pro se
Elizabeth Woodcock, Esq.
Case 1:15-cv-00138-LM Document 43 Filed 06/12/17 Page 2 of 2