MEMORANDUM AND ORDER
RICHARD G. KOPF, District Judge.
This is a habeas corpus case that has been pending for a long time. In 2001, Samar Ramon Akins ("Akins") filed his petition. Because the petitioner had not exhausted his state remedies, and following the law as it existed at that time, I dismissed this case without prejudice in February of 2002. However, Akins successfully sought, review of that dismissal and the case was sent back to me in June
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