Dye v. Clark

Dye v. Clark

Petitioner:	Thomas P Dye
Respondent:	Ken Clark
Case Number:	3:2009cv02483
Filed:	November 4, 2009
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	Kings
Presiding Judge:	Barbara Lynn Major
Presiding Judge:	Barbara Lynn Major
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 28, 2010	Filing 23 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	Filing 15 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).

Date Filed

Document Text

September 28, 2010

Filing 23 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

Filing 15 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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Petitioner: Thomas P Dye
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Respondent: Ken Clark
Represented By:	Attorney General
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