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07-2054 - Love v. Blake

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07-2054 - Love v. Blake
March 24, 2008
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MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis 2 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. ยง 2244(d)(1) and subject to dismissal for petitioner's failure to exhaust his state court remedies. IT IS FURTHER ORDERED that not later than April 30, 2008, petitioner shall show cause in writing why the Court should not dismiss the instant application for writ of habeas corpus as time-barred and/or for failure to exhaust his state court remedies; Signed by Honorable Carol E. Jackson on 03/24/2008;(DJO)