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Raymond v. State

United States District Court, N.D. Iowa, Eastern Division

February 19, 2014

JAMES DEAN RAYMOND, Petitioner,
v.
STATE OF IOWA, Respondent.

ORDER

LINDA R. READE, District Judge.

This matter is before the court on the petitioner's motion to dismiss without prejudice (docket no. 8). The petitioner filed such motion on February 11, 2014. It is evident from the petitioner's motion to dismiss without prejudice that he is seeking dismissal in response to the assertions that the respondent included in its answer (docket no. 7). In response to the petitioner's motion to dismiss without prejudice, the respondent filed a notice (docket no. 9) on February 12, 2014. In such notice, the respondent informed the court that it did not resist the petitioner's motion to dismiss without prejudice and that it did not waive any defenses which exist now or will be available in the future. As to specific defenses, the respondent identified the applicable statute of limitations and the failure to exhaust available remedies. In light of the record that appears to demonstrate that the petitioner failed to comply with 28 U.S.C. ยง 2254(b)(1)(A) because he did not exhaust the remedies available in the courts of Iowa, the motion to dismiss without prejudice (docket no. 8) is granted.[1] The clerk's office is directed to dismiss without prejudice the petitioner's habeas corpus action.

IT IS SO ORDERED.


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