Cummings v. 19th JDC et al
Filing 9
RULING AND ORDER Adopting 7 Report and Recommendations as the Court's opinion herein. FURTHER ORDERED that Peter Cummings' 1 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is DISMISSED WITHOUT PREJUDICE, for Cummings' failure to exhaust state court remedies, as mandated by 28 U.S.C. § 2254(b) and, in the alternative, for Cummings' failure to prosecute, in contravention of Local Rule 41.2.. In the event that Cummings seeks to pursue an appeal in this matter, a certificate of appealability is DENIED. Cummings' 6 Writ of Mandamus is herby DENIED as moot. Signed by Chief Judge Brian A. Jackson on 7/26/2013. (LLH)
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