Summary
finding alleged speedy trial violation did not constitute special circumstance within Braden where petitioner sought dismissal of criminal charges, rather than immediate trial, and had not exhausted claim
Summary of this case from Smith v. Unknown PartyOpinion
Civil 08-238 PJS/FLN.
March 31, 2008
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated March 10, 2008, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Petitioner's application for a writ of habeas corpus [#1] is DENIED;
2. Petitioner's application for leave to proceed in forma pauperis [#2] is DENIED; and
3. This action is DISMISSED without prejudice.