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WALKER v. MILLER

March 24, 1997

VINCENT WALKER, Plaintiff, against DAVID MILLER, Defendant.


The opinion of the court was delivered by: MCKENNA

 McKENNA, D.J.

 Upon consideration of the Report and Recommendation of Magistrate Judge Peck dated March 11, 1997, and petitioner's Objection in Reply to Report [and] Recommendation dated March 17, 1997 (asking that the petition be dismissed without prejudice for failure to exhaust all state remedies), the mixed petition is dismissed, without prejudice.

 SO ORDERED.

 Dated: New York, New York

 March 24, 1997

 LAWRENCE M. McKENNA

 U.S.D.J.

19970324

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