Quintano v. Hartley et al
| Robert E. Quintano |
| Attorney General of the State of Colorado, The and Steve Hartley |
| 1:2011cv02191 |
| August 22, 2011 |
| US District Court for the District of Colorado |
| Denver Office |
| Crowley |
| Boyd N. Boland |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
35
ORDER Denying 1 Application for Writ of Habeas Corpus. It is ORDERED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No. 1 , is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that a certificate of appealability shall not issue because Applicant has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253 (c). It is FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order is not taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962 ). If Mr. Quintano files a notice of appeal he must also pay the full $455 appellate filing fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. By Judge Raymond P. Moore on 05/17/13. (alvsl)
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Filing
22
ORDER TO DISMISS IN PART AND FOR ANSWER AND FOR STATE COURT RECORD. Respondents will be directed to file an Answer addressing the merits of the ineffective trial counsel claims stated above and Claims Eight and Nine. Claims One, Four, and Six are di smissed with prejudice for failure to state a federal habeas claim. Claims Two, Three, and Seven and the ineffective appellate claim in Claim Five are dismissed with prejudice as procedurally barred from federal habeas review. Within thirty days Res pondents are directed to file an Answer in compliance with Rule 5 of the Rules Governing Section 2254 Cases that fully addresses the merits of Claims Eight and Nine and the ineffective trial counsel claims set forth above. Within thirty days of the filing of the Answer Mr. Quintano may file a Reply, if he desires. Respondents shall file with the Clerk of the Court, in electronic format if available, a copy of the complete record of Mr. Quintanos state court proceedings in Case No. 98CR2599,inc luding all documents in the state court file and transcripts of all proceedings conducted in the state court, but excluding any physical evidence (as opposed to documentary evidence) not relevant to the asserted claim. By Judge R. Brooke Jackson on 4/5/2012. (sahsl, )
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Filing
20
ORDER Drawing Case. Case shall be drawn to a district judge and to a magistrate judge, by Magistrate Judge Boyd N. Boland on 4/2/12. (gmssl, )
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Filing
9
ORDER to File Pre-Answer Response, by Magistrate Judge Boyd N. Boland on 10/5/11. (lygsl, )
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Filing
3
ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 9/6/11. (lsw, )
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