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08-1179 - Johnson v. Roper


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08-1179 - Johnson v. Roper
September 10, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's mtn. for leave to proceed ifp is granted. IT IS FURTHER ORDERED that petitioner's mtn. for appointment of counsel is denied as moot. 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 habeas corpus jurisdiction. IT IS FURTHER ORDERED that petitioner shall show cause withiin 30 days of the date of this order as to why the court should not dismiss the instant petition 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.2 4 ( Show Cause Response due by 10/10/2008.). Signed by Honorable Jean C. Hamilton on 9/10/08. (CLA)
November 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's mtn. requesting appointment of counsel and an additional 90 days in which to file a response to this court's 9/25/08 order to show cause is denied without prejudice.10 Signed by Honorable Jean C. Hamilton on 11/14/08. (CLA)