ORDER
MUKASEY, District Judge.
On April 18, 1996 Magistrate Judge Peck filed and sent to the parties his report and recommendation in this case. Magistrate Judge Peck found that petitioner failed to exhaust his state court remedies as to one of his three habeas corpus claims, and recommended that the petition be dismissed without prejudice for such failure, unless petitioner withdrew his unexhausted claim of ineffective assistance of trial counsel. In a...
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