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Jordan v. Wolfe

September 27, 2006

JASON JORDAN, PETITIONER,
v.
JEFFREY WOLFE, RESPONDENT.



The opinion of the court was delivered by: Magistrate Judge Kemp

JUDGE MARBLEY

ORDER

On December 6, 2005, petitioner's request for a stay of proceedings on claim four of his habeas corpus petition was granted. Doc. No. 21. The remainder of petitioner's claims were dismissed. Petitioner has now filed a motion to withdraw claim four without prejudice. Doc. No. 23. Petitioner states that he is still at the state level in his claims and it is getting too complex to keep up with these claims. The petitioner's counsel has advised him to quit filing pro se motions in any court, as he is ignorant to the law and is messing up his timely issues and confusing the matters at hand.

Id.

Any re-filing of a habeas corpus petition by petitioner in which he again attempts to raise his allegations in claim four might be barred as a successive petition, see 28 U.S.C. §2244(b)(1), (2), (3), or by the one-year statute of limitations under 28 U.S.C. §2244(d). Petitioner therefore is DIRECTED to advise the Court within fifteen (15) days whether, in view of the foregoing, he still requests a dismissal of the sole remaining claim presented for federal habeas corpus review. Failure to do comply with this order will result in dismissal of this action.

IT IS SO ORDERED.

Terence P. Kemp United States Magistrate Judge

20060927

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