Holloway v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dale E. Holloway, Jr.
v.
NH Department of Corrections,
Commissioner
Case No. 22-cv-9-SE
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 21, 2022 (doc. 16.). For the reasons
explained therein, claims 1(b), 2, 3, and 5 are dismissed, and the
court finds that Mr. Holloway has not exhausted his state remedies as
to claims 1(a), 4, 6, and 7. 1
Magistrate Judge Johnstone provided Mr. Holloway with 30 days to
file a motion to stay the case so that he can exhaust his state court
remedies, demonstrate that he has already exhausted his state remedies
as to each claim, or move for voluntary dismissal of all claims as to
which he has not already demonstrated exhaustion of his state
remedies. Doc. 17. Mr. Holloway’s enclosure letter sent with his
objection to the Report and Recommendation (doc. 18) indicates that he
included a motion to stay, but the envelope did not contain a motion
to stay. The deadline is extended an additional 30 days from the date
of this order. If Mr. Holloway does not file a timely motion to stay,
1 This order adopts the Report and Recommendation’s reference numbers
for the claims alleged.
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demonstrate exhaustion of his claims, or seek to forego his
unexhausted claims within the time allowed, the court will dismiss
claims 1(a), 4, 6, and 7, without prejudice, for failure to
demonstrate exhaustion of state remedies.
Additionally, finding that the petitioner has failed to make
substantial showing of the denial of a constitutional right, the court
declines to issue a certificate of appealability. See 28 U.S.C. §
2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section
2254; First Cir. LR 22.0.
So Ordered.
____________________________
Samantha D. Elliott
United States District Judge
Date: November 4, 2022
cc: 	Dale E. Holloway, Jr., pro se
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