Opinion
CIVIL ACTION NO. 07-39, SECTION "P".
May 14, 2007
ORDER
On March 21, 2007, the undersigned issued a Report and Recommendation recommending dismissal of petitioner's habeas corpus action because petitioner failed to exhaust state court remedies prior to filing suit. [rec. doc. 7]. Thereafter, on March 23, 2007, the Louisiana Supreme Court denied writs in a matter that was pending when the Report and Recommendation was issued. See State of Louisiana ex rel. Terrance Benoit v. State of Louisiana, 2006-KH-1553, 951 So.2d 1098 (La. 3/23/2007); See also rec. doc. 8. Accordingly, it is no longer clear whether all of the claims in the instant petition remain unexhausted or whether the instant petition constitutes a "mixed" petition, containing both exhausted and unexhausted claims. Therefore;
IT IS ORDERED that the Report and Recommendation issued on March 21, 2007 [rec. doc. 7] is hereby vacated. The case will be directed to the pro se attorney for additional initial review. THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana.