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17-816 - Purnell v. Smith

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17-816 - Purnell v. Smith
February 16, 2017
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OPINION & ORDER : For the reasons set forth above, the petition for a writ of habeas corpus is dismissed without prejudice as it is unexhausted. A certificate of appealability shall not issue as petitioner has notmade a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order 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, 82 S. Ct. 917, 8 L. Ed. 2d 21(1962). The Clerk of the Court is directed to close the case.. Ordered by Judge Joseph F. Bianco on 2/16/2017. (Bollbach, Jean)