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15-853 - Lake v. Waybourn


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15-853 - Lake v. Waybourn
May 5, 2017
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Memorandum Opinion and Order. The court ORDERS that petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 be, and is hereby, dismissed without prejudice for failure to exhaust state court remedies. The court further ORDERS that a certificate of appealability be, and is hereby, denied, as petitioner has not made a substantial showing of the denial of a constitutional right or demonstrated that reasonable jurists would question this Court's procedural ruling. (see order for further specifics) (Ordered by Judge John McBryde on 5/5/2017) (mpw) (Bill E. Waybourn is now the elected sheriff of Tarrant County. Thus, pursuant to Federal Rule of Civil Procedure 25(d), Waybourn is automatically substituted as the party of record.)