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08-147 - Brady v. Cuneo

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08-147 - Brady v. Cuneo
February 27, 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 it appears that petitioner did not exhaust available state remedies before invoking federal haveas corpus jurisdiction. IT IS FURTHER ORDERED that petititioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss the instant application for failure to exhaust available state remedies. 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, without prejudice. Show Cause Response due by 3/28/2008. Signed by Honorable Jean C. Hamilton on 2/27/08. (TRC)