Dye v. Clark
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|Date Filed||#||Document Text|
|September 28, 2010
ORDER denying 19 Motion for Certificate of Appealability; granting 20 Motion for Extension of Time to File Notice of Appeal. Petitioner satisfied the elements of Rule 4(a)(6) of the Federal Rules of Appellate Procedure, and the Court therefore GR ANTS his motion for an extension of time to file his notice of appeal and orders that the notice be filed and accepted as timely. However, Petitioner has not made a substantial showing of a constitutional violation, nor has he demonstrated that this Court's constitutional determinations were debatable or wrong. And, this Court's independent review of its constitutional determinations confirms that reasonable jurists would not find them debatable. Accordingly, the Court declines to i ssue a certificate of appealability and DENIES Petitioner's Motion for Certificate of Appealability. Signed by Magistrate Judge Barbara Lynn Major on 9/28/2010. (Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
|June 29, 2010
ORDER Denying (Doc. 1 ) Petition for Writ of Habeas Corpus and Denying (Doc. 13 ) Motion for Evidentiary Hearing. Signed by Magistrate Judge Barbara Lynn Major on 6/29/2010. (All non-registered users served via U.S. Mail Service)(cap) (av1).
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