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16-1866 - Tate v. Sloan et al

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16-1866 - Tate v. Sloan et al
August 15, 2016
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Memorandum Opinion and Order: Petitioner's motion to proceed in forma pauperis (Doc. No. 2) is granted; his "Motion to Apply [Section] 2254(b)(1)(B)(ii)" to his habeas claim (Doc. No. 3) is denied; and this action is dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases, without prejudice to re-filing upon full exhaustion of state remedies. The Court further certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith and that there is no basis on which to issue a certificate of appealability. Judge Sara Lioi on 8/15/2016. (P,J)