SPRY v. SMITH
||DAVID A. SPRY
||PUTNAMVILLE CF (Court Use Only)
||March 15, 2017
||US District Court for the Southern District of Indiana
||Terre Haute Office
||Mark J. Dinsmore
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|July 27, 2017
Entry Discussing Petition for a Writ of Habeas Corpus and Denying Certificate of Appealability - An Indiana jury found David Spry guilty of attempted murder. Spry now challenges that conviction, seeking a writ of habeas corpus. For the reasons exp lained in this Entry, Spry's petition for a writ of habeas corpus must be denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue. Judgment consistent with this Entry sh all now issue. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, the court finds that Spry has failed to show that reasonable jurists would find it "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore declines to issue a certificate of appealability. (See Entry). Signed by Judge Jane Magnus-Stinson on 7/27/2017.(APD)
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