West v. Nooth
Filing 29
ORDER - The Court ADOPTS Judge Sullivan's Findings and Recommendation 18 . Respondent's Motion to Dismiss 11 is granted. Petitioner's Petition for Writ of Habeas Corpus 2 is dismissed without prejudice.The Court declines to issue a Certificate of Appealability on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Petitioner's Motion for Appointment of Counsel 25 is DENIED. Signed on 9/4/2013 by Judge Michael H. Simon. (mja)
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