Evans v. Oliver
Filing
7
JUDGMENT that Pet's 1 Petition for Writ of Habeas Corpus be DISMISSED W/O PREJUDICE due to his failure to exhaust all available state court remedies. Pet is not entitled to a certificate of appealability &, therefore, he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 8/7/2013. (copy mailed to Pet on 8/8/13) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KENNETH EVANS, #0300706,
Petitioner,
vs.
NOAH OLIVER,
Respondent.
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CIVIL ACTION NO. 13-0313-CG-C
JUDGMENT
In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s habeas corpus petition, filed
pursuant to 28 U.S.C. § 2241, be DISMISSED WITHOUT PREJUDICE due to his
failure to exhaust all available state court remedies. Evans is not entitled to a
certificate of appealability and, therefore, he is not entitled to appeal in forma
pauperis.
DONE and ORDERED this 7th day of August, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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