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14-1875 - Francis v. Semple et al

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14-1875 - Francis v. Semple et al
January 4, 2016
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ORDER granting 12 Motion to Dismiss. 12 Motion to dismiss is GRANTED and the petition is DISMISSED without prejudice. Francis may file a new federal petition after he exhausts his state remedies on all grounds for relief. Because reasonable jurists would not find it debatable that the petition is a mixed petition containing exhausted and unexhausted claims, a certificate of appealability will not issue. The Clerk is directed to enter judgment and close the case.Signed by Judge Stefan R. Underhill on 1/4/2016. (Pollack, R.)