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Wellborn v. Berghuis

United States District Court, W.D. Michigan, Southern Division
Feb 6, 2009
CASE NO. 1:05-CV-346 (W.D. Mich. Feb. 6, 2009)

Opinion

CASE NO. 1:05-CV-346.

February 6, 2009


ORDER


This matter is before the Court on the Report and Recommendation of the Magistrate Judge (docket # 32) and Petitioner's Objections to the Report and Recommendation (docket # 35). Since the date of the Report and Recommendation and Objections, the Sixth Circuit has issued new authority that appears to bear directly on the issues in this case. See Smith v. Berghuis, 543 F.3d 326 (6th Cir. 2008). This new authority should be considered before any judgment enters in the case. Accordingly, IT IS ORDERED: the matter is referred again to the Magistrate Judge for further briefing and other proceedings as appropriate in light of Smith v. Berghuis, 543 F.3d 326 (6th Cir. 2008). The existing Report and Recommendation and the Plaintiff's objections to it, are DISMISSED as moot in light of an anticipated new Report and Recommendation including analysis of the new appellate authority.


Summaries of

Wellborn v. Berghuis

United States District Court, W.D. Michigan, Southern Division
Feb 6, 2009
CASE NO. 1:05-CV-346 (W.D. Mich. Feb. 6, 2009)
Case details for

Wellborn v. Berghuis

Case Details

Full title:CARL BURNIE WELLBORN, Petitioner, v. MARY BERGHUIS, Respondent

Court:United States District Court, W.D. Michigan, Southern Division

Date published: Feb 6, 2009

Citations

CASE NO. 1:05-CV-346 (W.D. Mich. Feb. 6, 2009)

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