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07-1859 - Walker v. State of Missouri


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07-1859 - Walker v. State of Missouri
March 3, 2008
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis filed by DeMun D. Walker motion is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue at this time as to respondent, because the instant habeas petition appears to be time-barred under 28 U.S.C. Section 2244 (d)(1). IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dimiss the instant application for writ of habeas corpus as time-barred. Petitioner's failure to file a show cause response shall result in the denial of the instant habeas corpus petition and the dismissal of this action as time-barred. IT IS FURTHER ORDERED that petitioner's claims for the alleged violation of his constitutional rights under 42 U.S.C. Section 1983 and 1985 are DISMISSED, without prejudice. A separate order of partial dismissal shall accompany this order and memorandum.( Response to Court due by 4/3/2008.) Signed by Honorable E. Richard Webber on March 3, 2008. (MCB)
March 3, 2008
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ORDER OF PARTIAL DISMISSAL pursuant to 28 U.S.C.1915(e)(2)(B) IT IS HEREBY ORDERED that petitioner's claims for the alleged violation of his constitutional rights under 42 U.S.C. Section 1983 and 1985 are DISMISSED, without prejudice. IT IS FURTHER ORDERED that petitioner is DENIED a certificate of appealability if he appeals this order of partial dismissal. Signed by Honorable E. Richard Webber on March 3, 2008. (MCB)