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COX v. RACKLEY

No. 2:13-cv-2356 JAM GGH P.

DANIEL COX, Petitioner, v. RONALD J. RACKLEY, Respondent.

United States District Court, E.D. California.

April 21, 2014.

Attorney(s) appearing for the Case

Daniel Cox, Petitioner, Pro Se.

Ronald J. Rackley, Respondent, represented by David Andrew Eldridge , Attorney General's Office for the State of California.

ORDER

GREGORY G. HOLLOWS, Magistrate Judge.

Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently pending before the court is respondent's motion to dismiss, filed January 21, 2014. A review of the petition, as well as the papers in support of and in opposition to the motion indicate that petitioner has a claim of actual innocence which may be an exception to the

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