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09-3244 - Montgomery v. Chester et al


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09-3244 - Montgomery v. Chester et al
December 23, 2009
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ORDER ENTERED: Petitioner's motion 2 to proceed without prepayment of fees is granted. Petitioner's request 1 for appointment of counsel in the petition and his motion 3 to appoint counsel are denied without prejudice. Petitioner's motion 4 to amend preliminary injunction and immediate release is denied. Petitioner is granted thirty (30) days in which to either allege additional sufficient facts showing a denial of due process and full and proper exhaustion, or show cause why this action should not be dismissed for failure to state sufficient facts and for failure to show full and proper exhaustion of all available adminstrative remedies. Signed by Senior District Judge Richard D. Rogers on 12/23/09. (smnd) Modified on 12/29/2009 (ms).
February 17, 2010
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ORDER ENTERED: Petitioner's motions 11&12 for sanctions are denied. This action is dismissed without prejudice for failure to exhaust administrative remedies. Signed by Senior District Judge Richard D. Rogers on 02/17/10. (smnd)