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PROUT v. COMMONWEALTH

May 20, 2004.

JOSEPH PROUT
v.
COMMONWEALTH, et al



The opinion of the court was delivered by: JAMES GILES, Chief Judge, District

ORDER

AND NOW, this ___ day of, _________, 2004, upon careful and independent review of the Report and Recommendation of Thomas J. Rueter, United States Magistrate Judge, it is hereby

ORDERED

  1. The Report and Recommendation is APPROVED and ADOPTED;

  2. The petition for a writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state court remedies;

  3. No certificate of appealability is granted.

20040520

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