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07-2117 - Grays v. Kempker


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07-2117 - Grays v. Kempker
February 4, 2008
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OPINION, 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 as to respondent, because the instant petition is time-barred and successive. See 28 USC Section 2244(b)(3)(A). IT IS FURTHER ORDERED that petitioner's application for a writ of habeas corpus is DENIED. Signed by Honorable Henry E. Autrey on 2/4/08. (TRC)
February 4, 2008
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ORDER OF DISMISSAL: IT IS HEREBY ORDERED that petitioner's petition for a writ of habeas corpus purusant to 28 USC Section 2254 is DISMISSED, without prejudice, because the action is time-barred, as well as successive, and the Eighth Circuit Court of Appeals has not authorized petitioner to bring this action as required by 28 USC Section 2244. IT IS FURTHER ORDERED that petitioner is DENIED a certificate of appealability if he appeals this order of dismissal. Signed by Honorable Henry E. Autrey on 2/4/08. (TRC)