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15-894 - Martinez v. Chapdelaine

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15-894 - Martinez v. Chapdelaine
January 27, 2016
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ORDER: 6 Motion to Dismiss is GRANTED. The Petition for Writ of Habeas Corpus 1 is DISMISSED without prejudice. I conclude that jurists of reason would not find it debatable that the petition lacks any grounds for relief, and a certificate of appealability will therefore not issue. Any amended petition must be submitted on a court form, specify the grounds for relief and the facts supporting those grounds and be filed within thirty days of the date of this order. If Martinez chooses not to file an amended petition within the time specified, the Clerk is directed to enter judgment for the respondent and close this case. If Martinez decides to wait until his state habeas claims have been exhausted, neither this ruling nor entry of judgment shall operate to preclude him from filing a timely habeas petition at a later date. The Clerk shall send the petitioner a section 2254 petition for writ of habeas corpus form with a copy of this ruling.Signed by Judge Stefan R. Underhill on 1/27/2016. (Pollack, R.)