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Avila v. Taylor

July 23, 2009

ABDIEL AVILA, PETITIONER,
v.
ERIC TAYLOR, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Robert B. Kugler United States District Judge

ORDER

On or about July 6, 2009, Petitioner filed the instant application for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, and an application to proceed in forma pauperis.

For the reasons set forth in this Court's Opinion filed herewith;

IT IS on this 23rd day of July , 2009, ORDERED that Petitioner's application to proceed in forma pauperis is hereby granted; and it is further

ORDERED that the Petition for a Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, is dismissed, without prejudice, for failure to exhaust; and it is further

ORDERED that no certificate of appealability will issue; and it is finally

ORDERED that the Clerk of the Court shall close this case.

20090723

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