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Burns v. Taylor

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


October 7, 2009

MICHAEL C. BURNS, PETITIONER,
v.
ERIC TAYLOR, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Noel L. Hillman United State District Judge

ORDER

IT APPEARING THAT Petitioner has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 with an application to proceed in forma pauperis, and that Petitioner qualifies to proceed in forma pauperis before this Court; and this Court having reviewed the Petition, and for the reasons set forth in the Court's Opinion filed herewith,

IT IS on this 7TH day of October, 2009, ORDERED that Petitioner's application to proceed in forma pauperis is hereby granted; and it is further

ORDERED that the Clerk shall file the Petition without prepayment of fees.

ORDERED that the application for a writ of habeas corpus under either 28 U.S.C. § 2254 as asserted by Petitioner, or under 28 U.S.C. § 2241(c)(3) as more properly construed by the Court, is DISMISSED WITHOUT PREJUDICE for non-exhaustion of state court remedies; and it is further

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

ORDERED that the Clerk shall serve a copy of this Order and accompanying Opinion upon the Petitioner by regular mail; and it is finally

ORDERED that the Clerk is directed to close the file in this matter accordingly.

20091007

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