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08-1355 - West v. Stahl


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08-1355 - West v. Stahl
September 30, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner's motion for leaveto proceed in forma pauperis [Doc. #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 habeas corpus jurisdiction. IT IS FURTHER ORDERED that petitioner shall show cause within thirty (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. Petitioners 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 10/30/2008.) Signed by Honorable Catherine D. Perry on 9/30/08. (BAK)
December 9, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner's petition for writ of habeas corpus is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by Honorable Catherine D. Perry on 12/9/08. (BAK)
December 19, 2008
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MEMORANDUM AND ORDER. ORDERED that petitioner's motion for leave to amend his application for habeas corpus relief under 28 U.S.C. ยง 2241 7 is DENIED. FURTHER ORDERED that petitioner is DENIED a certificate of appealability if he appeals this order. Signed by Honorable Catherine D. Perry on 12/19/08. (KLH)