Preayer v. Ryan
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|Date Filed||#||Document Text|
|October 3, 2014
ORDER - (1) Petitioner's Application to Proceed In Forma Pauperis (Doc. 9 ) is granted. (2) Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) and this action are dismissed without prejudice, and the Clerk of Court must enter jud gment accordingly. (3) Petitioner's Motion for Appointment of Counsel (Doc. 6 ) is denied as moot. (4) The Clerk of Court must provide Petitioner with a copy of the form recommended by the Ninth Circuit Court of Appeals for filing an Applicati on for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255. (5) Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for full details). Signed by Judge David G Campbell on 10/3/14. (LAD)
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