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18-034 - Barnes v. Ige et al


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18-034 - Barnes v. Ige et al
February 15, 2018
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ed by first class mail to the address of record on February 15, 2018. ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING WRIT OF MANDAMUS, IN FORMA PAUPERIS APPLICATION, AND CERTIFICATE OF APPEALABILITY re 1, 3 - Signed by JUDGE DERRICK K. WATSON on 2/15/2018. "(1) Barnes' Petition for Writ of Habeas Corpus, construed as brought pursuant to 28 U.S.C. ยง 2241, is DISMISSED pursuant to the Younger abstention doctrine. This dismissal is without prejudice and without leave to amend. (2) Barnes' Petition for Writ of Mandamus is DENIED. (3) To the extent Barnes raises conditions of confinement claims that do not impact the duration or fact of his detention, those claims are DISMISSED without prejudice to bringing them in a new, prisoner civil rights action, subject to separate filing fees, after Barnes has exhausted his claims. (4) Rule 11(a) of the Habeas Rules requires the Court to indicate in this Order whether Barnes is entitled to a certificate of appealability. Because Barnes cannot make a substantial showing that reasonable jurists would find the dismissal of his Petition pursuant to the Younger abstention doctrine either debatable or incorrect, any request for a certificate of appealability is DENIED. See Gonzalez v. Thaler, 565 U.S. 134, 141 (2012). (5) Any pending motions, including Barnes' application to proceed in forma pauperis, ECF No. 3, are DENIED." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). William Jackson Gay Barnes serv