Whitby v. Thomas

Whitby v. Thomas

Petitioner:	Bryant K. Whitby
Respondent:	Todd Thomas
Case Number:	1:2010cv00287
Filed:	May 14, 2010
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	HELEN GILLMOR
Nature of Suit:	Prison Condition
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 10, 2010	Filing 15 ORDER DISMISSING 1 PETITION AS TIME-BARRED AND DENYING CERTIFICATE OF APPEALABILITY: "For the foregoing reasons, the Petition is time-barred and is DISMISSED with prejudice. A Certificate of Appealability and leave to proceed in forma paupe ris on appeal are DENIED because (1) dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and (2) Whitby has not made a substantial showing of the denial of a constitut ional right. See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); Rule 11(a), Rules Governing § 2254 Proceedings. IT IS SO ORDERED." Signed by Senior JUDGE HELEN GILLMOR on August 10, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

Date Filed

Document Text

August 10, 2010

Filing 15 ORDER DISMISSING 1 PETITION AS TIME-BARRED AND DENYING CERTIFICATE OF APPEALABILITY: "For the foregoing reasons, the Petition is time-barred and is DISMISSED with prejudice. A Certificate of Appealability and leave to proceed in forma paupe ris on appeal are DENIED because (1) dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and (2) Whitby has not made a substantial showing of the denial of a constitut ional right. See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); Rule 11(a), Rules Governing § 2254 Proceedings. IT IS SO ORDERED." Signed by Senior JUDGE HELEN GILLMOR on August 10, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

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Petitioner: Bryant K. Whitby
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Respondent: Todd Thomas
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