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17-752 - HARRISON v. BUTTS


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17-752 - HARRISON v. BUTTS
May 22, 2017
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Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - Accordingly, the Motion to Dismiss is GRANTED (Filing No. 9) and the Petition for Writ of Habeas Corpus is DENIED and dismissed without prejudice for failure to exhaust. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2254 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Entry.) Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/22/2017. (JLS)