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18-751 - COOK v. CAPOZZA et al


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18-751 - COOK v. CAPOZZA et al
February 27, 2018
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MEMORANDUM OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/27/18. 2/27/18 ENTERED AND COPIES MAILED TO PETITIONER.(er, )
February 27, 2018
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ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1) IS GRANTED AND THE PETITIONER HAS LEAVE TO PROCEED IN FORMA PAUPERIS. THE MOTION FOR LEAVE TO FILE AN ORIGINAL AND ONE COPY OF THE PETITION FOR WRIT OF HABEAS CORPUS AND REQUEST FOR THE APPOINTMENT OF COUNSEL (DOC. NO. 2) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION, TO THE EXTENT THAT THE PETITIONER IS SEEKING LEAVE TO FILE AN ORIGINAL AND ONE COPY OF THE PETITION FOR WRIT OF HABEAS CORPUS, IS GRANTED AND THE PETITIONER IS EXCUSED FROM FILING TWO COPIES OF THE HABEAS PETITION ALONG WITH THE ORIGINAL AS OTHERWISE REQUIRED BY RULE 3(A) OF THE RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS AND HE MAY FILE ONLY ONE COPY OF THE PETITION. B. THE MOTION, TO THE EXTENT THAT THE PETITIONER SEEKS THE APPOINTMENT OF COUNSEL, IS DENIED THE MOTION FOR STAY PENDING DISPOSITION OF APPEAL PROCESS IN STATE COURT (DOC. NO. 3) IS DENIED. THE PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED WITHOUT PREJUDICE WITHOUT A HEARING. THE PETITIONER MAY FILE A NEW PETITION AFTER EXHAUSTING HIS STATE COURT REMEDIES; THERE IS NO CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/27/18. 2/27/18 ENTERED AND COPIES MAILED TO PETITIONER.(er, )