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08-1146 - Pitts v. Roper

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08-1146 - Pitts v. Roper
August 26, 2008
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MEMORANDUM AND ORDER OF TRANSFER IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue as to the respondent, because the instant petition is successive under 28 U.S.C. § 2244(b)(3)(A). IT IS FURTHER ORDERED that petitioners application for a writ of habeas corpus is DENIED, without prejudice. IT IS FURTHER ORDERED that the Clerk shall TRANSFER the instant petition to the United States Court of Appeals for the Eighth Circuit pursuant to 28 U.S.C. § 1631. re:1 PETITION for Writ of Habeas Corpus filed by Petitioner Shannon L. Pitts, 2 MOTION for Leave to Proceed in forma pauperis filed by Petitioner Shannon L. Pitts. Signed by Honorable Donald J. Stohr on 8/26/08. ( FORWARDED TO DEBRA TICHY FOR TRANSFER) (JWJ)