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17-836 - Olivier v. State of Tennessee et al


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17-836 - Olivier v. State of Tennessee et al
June 1, 2017
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MEMORANDUM OPINION OF THE COURT AND ORDER: Because it appears from Petitioner's submission that he is unable to pay the filing fee, his IFP application (Doc. No. 2) is GRANTED. For these reasons, and those previously set forth by the Court in Petitioner's previous case, Olivier v. Tennessee, et al., No. 3:17-cv-0832 (M.D. Tenn. May 25, 2017), this matter is DISMISSED without prejudice to Petitioner's ability to refile upon the exhaustion of his state court remedies. Because Petitioner has failed to make a substantial showing of a constitutional violation in this matter, a certificate of appealability is DENIED. See Castro v. United States, 310 F.3d 900 (6th Cir. 2002) (A petitioner is entitled to a COA only if he has made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(2).). Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/1/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)