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18-133 - Maddox v. Thomas


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18-133 - Maddox v. Thomas
May 11, 2018
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ORDER DISMISSING PETITION AND DENYING REQUEST FOR IMMEDIATE RELEASE FROM DETENTION re 1,2 - Signed by JUDGE DERRICK K. WATSON on 5/11/2018. (1) The Petition is DISMISSED. Maddox shall file a separate petition for each judgment of conviction that he challenges on or before June 15, 2018. Maddox shall FULLY COMPLETE the new petitions on the court's approved Petition under 28 U.Sourt proceedings have concluded. See 28 U.S.C. § 2244(d). (4) Maddox's Request for Preliminary Injunction for Immediate Release From Detention, ECF No. 2, is DENIED. (emt, ).C. § 2254 for Writ of Habeas Corpus by a Person in State Custody form. He NEED NOT REFILE COPIES OF HIS EXHIBITS in this case. Failure to timely file the new petitions on court forms will result in dismissal of this action without prejudice for failure to comply with this Order. (2) The Clerk is DIRECTED to send Maddox two copies of the court's form Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody. Assuming Maddox submits the two new petitions for filing, the Clerk shall file the petition that challenges Cr. No. 07-1-0139 in the present case as an amended petition. The Clerk shall file the petition that challenges Cr. No. 09-1-0284 in a new case, nunc pro tunc to April 9, 2018. (3) In the alternative, and in light of the court's discussion regarding exhaustion of the claims herein, Maddox may voluntarily dismiss this action in writing on or before June 15, 2018. Such voluntary dismissal would be without prejudice to Maddox refiling a petition for writ of habeas corpus within one year after his state c