Health v. Bowser, 2:18-cv-00239-SB. (2018)
Court: District Court, D. Oregon
Number: infdco20180329g47
Visitors: 17
Filed: Mar. 26, 2018
Latest Update: Mar. 26, 2018
Summary: ORDER MICHAEL H. SIMON , District Judge . Respondent moves the Court to dismiss Petitioner's Habeas Corpus Petition (ECF No. 2) on the basis that he has not exhausted his available state remedies as to his claims of ineffective assistance of trial and appellate counsel. Petitioner does not oppose the Motion. Accordingly, this Court orders that Petitioner's Habeas Corpus Petition (ECF No. 2) is DISMISSED, without prejudice. This Court declines to issue a Certificate of Appealability because
Summary: ORDER MICHAEL H. SIMON , District Judge . Respondent moves the Court to dismiss Petitioner's Habeas Corpus Petition (ECF No. 2) on the basis that he has not exhausted his available state remedies as to his claims of ineffective assistance of trial and appellate counsel. Petitioner does not oppose the Motion. Accordingly, this Court orders that Petitioner's Habeas Corpus Petition (ECF No. 2) is DISMISSED, without prejudice. This Court declines to issue a Certificate of Appealability because ..
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ORDER
MICHAEL H. SIMON, District Judge.
Respondent moves the Court to dismiss Petitioner's Habeas Corpus Petition (ECF No. 2) on the basis that he has not exhausted his available state remedies as to his claims of ineffective assistance of trial and appellate counsel. Petitioner does not oppose the Motion. Accordingly, this Court orders that Petitioner's Habeas Corpus Petition (ECF No. 2) is DISMISSED, without prejudice.
This Court declines to issue a Certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.
Source: Leagle
