Jones v. Smith

Filing 29

ORDER. IT IS ORDERED that petitioner's motion to amend the petition 23 is DENIED. FURTHER ORDERED that petitioner's motion for an evidentiary hearing 25 , motion for an extension 27 , and motion to expedite 28 are DENIED. FURTHER ORDERED that respondents' motion to dismiss 17 is GRANTED. Signed by Judge Larry R. Hicks on 2/5/2011. FURTHER ORDERED that the petition is DISMISSED without prejudice as unexhausted. FURTHER ORDERED that petitioner is DENIED A CERTIFICATE OF APPEALABILITY. FURTHER ORDERED that the Clerk shall enter judgment accordingly. (Copies have been distributed pursuant to the NEF - MLC)

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