BURNS v. TAYLOR, No. 1:2009cv05072 - Document 3 (D.N.J. 2009)

Court Description: ORDERED that Petitioner's IFP Application is hereby GRANTED; ORDERED that the Clerk shall file the Petition without prepayment of fees; ORDERED that the application for a writ of habeas corpus under either 28 U.S.C. 2254 as asserted by Petitione r, or under 28 U.S.C. 2241 as more properly constructed by the Court is DISMISSED WITHOUT PREJUDICE, etc.; ORDERED that no certificate of appealability will issue; ORDERED that the Clerk shall serve a copy of this Order and Opinion upon Petitioner by regular mail; ORDERED that the Clerk is directed to close the file in this matter. Signed by Judge Noel L. Hillman on 10/7/2009. (dmr, )

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BURNS v. TAYLOR Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MICHAEL C. BURNS, Petitioner, v. ERIC TAYLOR, WARDEN, Respondent. : : : : : : : : : Civil Action No. 09-5072 (NLH) ORDER (CLOSED) IT APPEARING THAT Petitioner has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 with an application to proceed in forma pauperis, and that Petitioner qualifies to proceed in forma pauperis before this Court; and this Court having reviewed the Petition, and for the reasons set forth in the Court’s Opinion filed herewith, IT IS on this 7TH day of October , 2009, ORDERED that Petitioner’s application to proceed in forma pauperis is hereby granted; and it is further ORDERED that the Clerk shall file the Petition without prepayment of fees. ORDERED that the application for a writ of habeas corpus under either 28 U.S.C. § 2254 as asserted by Petitioner, or under 28 U.S.C. § 2241(c)(3) as more properly construed by the Court, is DISMISSED WITHOUT PREJUDICE for non-exhaustion of state court remedies; and it is further ORDERED that no certificate of appealability will issue; and it is further Dockets.Justia.com ORDERED that the Clerk shall serve a copy of this Order and accompanying Opinion upon the Petitioner by regular mail; and it is finally ORDERED that the Clerk is directed to close the file in this matter accordingly. /s/ NOEL L. HILLMAN NOEL L. HILLMAN United State District Judge At Camden, New Jersey

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