Cypert v. Ryan et al
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|Date Filed||#||Document Text|
|June 21, 2010
ORDER denying as moot 6 Petitioner's Motion to Appoint Counsel ; granting 9 Petitioner's Motion for Leave to Proceed in forma pauperis. The Petition 1 and this action are dismissed without prejudice for failure to exhaust state court remedies and as premature. The Clerk of Court must enter judgment accordingly. 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. Signed by Judge G Murray Snow on 6/18/10.(TLJ)
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