Page v. Metrish

Filing 27

ORDER denying petitioner's Motions to exclude statements and to dismiss 25 26 . Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
WALTER PAGE, Petitioner, v. LINDA METRISH, Respondent. ______________________________/ CASE NO. 2:06-CV-12229 HONORABLE GEORGE CARAM STEEH

ORDER DENYING PETITIONER'S MOTIONS TO EXCLUDE STATEMENTS AND TO DISMISS Before the Court are Petitioner's motions to exclude statements and to dismiss (criminal charges) on statute of limitations grounds concerning his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The Court, however, has already denied the petition and denied a certificate of appealability and leave to proceed in forma pauperis on appeal in an order dated May 27, 2008. Petitioner's motions must therefore be denied. Further, to the extent that Petitioner seeks to raise additional grounds for habeas relief not previously presented to the state courts or this Court, such issues are not properly before the Court and will not be considered. Petitioner must exhaust those issues in the state courts and then, if necessary, obtain permission from the United States Court of Appeals for the Sixth Circuit to proceed on a second or successive federal habeas petition. This case is closed. Accordingly, IT IS ORDERED that Petitioner's motions are DENIED. Dated: September 8, 2008 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on September 8, 2008, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk

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