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14-2322 - Devaughn v. Graham


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14-2322 - Devaughn v. Graham
April 24, 2014
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(1) within thirty (30) days of entry of this Memorandum and Order, the Petitioner is directed to file his request for writ of error coram nobis before the appropriate state court; and (2) within thirty (30) days of the completMEMORANDUM & ORDER STAYING CASE . Petitioner's request for a stay is granted so as to allow him to exhaust his ineffective assistance of appellate counsel claim. Petition is STAYED and HELD IN ABEYANCE subject to the following conditions: ion of Petitioner's effort to exhaust the claim (including all appropriate appeals) Petitioner is directed to return to this court and file an affidavit stating that his coram nobis petition has been disposed of and that he wishes either to terminate the stay of this case or to voluntarily dismiss his Petition. See document for all further detail. So Ordered by Judge Nicholas G. Garaufis on 4/22/2014. (c/m to pro se) (Lee, Tiffeny)
January 19, 2017
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MEMORANDUM AND ORDER: The 7 Amended Petition is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, no certificate of appealability shall issue. The court certifies pursuant to 28 U.S.C, ยง 1915(a)(3) that an appeal from this judgment would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully DIRECTED to enter judgment and close this case. So Ordered by Judge Nicholas G. Garaufis on 1/18/2017. (c/m to pro se petitioner; fwd'd for jgm) (Lee, Tiffeny)