Hines v. Napolitano et al
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|Date Filed||#||Document Text|
|February 8, 2008
ORDER DISMISSING CASE Without Prejudice: The Court dismisses the Petition without prejudice. As Petitioner was advised in this Court's 1/3/08 Order (9), the dismissal is without further leave to amend. If Petitioner wishes to challenge the val idity of his state court criminal conviction, he must start over by filing a new habeas corpus petition pursuant to 28 U.S.C. Section 2254 which will be given an new civil case number. If he wishes to challenge the conditions of his confinement, he m ust file a new civil complaint pursuant to 42 U.S.C. Section 1983 which will also be given a new civil case number. The Clerk Of Court is directed to mail Petitioner a blank Habeas Corpus Petition form pursuant to 28 U.S.C. Section 2254, a blank Civil Complaint form pursuant to 42 U.S.C. Section 1983 and a blank Motion to Proceed In Forma Pauperis form. Signed by Judge William Q. Hayes on 2/8/08. (Mailed indicated blank forms to Petitioner with this Order.) (mdc)
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