Donald Franklin Smith v. Kevin Chappell

Filing 8

JUDGMENT by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that PETITION FOR WRIT OF HABEAS CORPUS is DENIED and DISMISSED without prejudice to Petitioner bringing these claims after the complete exhaustion of his state court remedies pursuant to 28 USC 2254. The request for a Certificate of Appealability is also DENIED. (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) Case No.: CV 14-8249 MWF
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) DEATH PENALTY CASE
Petitioner,
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) JUDGMENT
vs.
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RON DAVIS, Warden, California State )
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Prison at San Quentin,
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Respondent
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DONALD FRANKLIN SMITH, JR.,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREEED that

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PETITION FOR WRIT OF HABEAS CORPUS is DENIED and DISMISSED

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without prejudice to Petitioner bringing these claims after the complete exhaustion

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of his state court remedies pursuant to 28 U.S.C. § 2254. The request for a

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Certificate of Appealability is also DENIED.

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IT IS SO ORDERED.

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Dated this 12th day of May, 2017.

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_____________________________

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MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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Judgment - 1