Free Notice - District Court of Connecticut - Connecticut

‘ Case 3:03-cv-00676-WWE D0cument6 FiIed11/25/2003 Page10f2
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UNITED STATES DISTRICT COURT W N
DISTRICT OF CONNECTICUT §j%§_ LK 71_
EMMANUEL B. smra, JR., mu} NOV 25 A 8° W l
in Petitioner, ,,:3 mS·U¢{jg·y QUURT
_ PRISONER W·,\R{}·{)RU CT
v. Case No. 3:O3cv676 (RNC)
JOHN TARASCIO, ET AL.,
Respondents.
NOTICE TO PETITIONER
As a result of the court’s recent ruling, petitioner has
been given the option of (l) withdrawing his unexhausted claims I
and proceeding on the exhausted claim only, or (2) having the \
court dismiss all the claims without prejudice. The purpose of
this notice is to provide petitioner with more information
concerning his options.
Petitioner is hereby notified that if he withdraws the
unexhausted claims in order to proceed on the exhausted claim at
this time, with the intention of presenting the unexhausted
claims to this court after they have been exhausted, he will run
the risk that any such subsequent petition presenting those
claims might be subject to dismissal as a second or successive
petition. See 28 U.S.C. § 2244(b). If, on the other hand, he i
chooses to have the court dismiss all the claims in the petition i
without prejudice, there will be no such risk. Q
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Case 3:03-cv-00676-WWE D0cument6 Fi|ed11/25/2003 Page20f2
S0 exdexed this 24th dey of November, 2003, at Hertford,
Cennecticut. A ///’/p
E N Q7
Robert N. Chetigny ' i
United States District Judge i
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