Burke v. Hardin, Esq.

Burke v. Hardin, Esq.

Petitioner:	James T Burke
Respondent:	Susan Hardin, Esq.
Case Number:	1:2009cv00114
Filed:	April 30, 2009
Court:	US District Court for the District of Vermont
Office:	Brattleboro Office
County:	Chittenden
Presiding Judge:	J. Garvan Murtha
Presiding Judge:	Jerome J. Niedermeier
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
April 6, 2010	Filing 12 OPINION and ORDER: Respondent's 7 Motion to Dismiss is GRANTED and Burke's 4 Petition for a Writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED without prejudice. Burke's 5 9 and 11 Motions to Amend are DENIED. Pu rsuant to Fed. R. App. P. 22(b), the Court DENIES Burke a certificate of appealability (COA) because he failed to make a substantial showing of a denial of a constitutional right. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Judge J. Garvan Murtha on 4/6/2010. (kak)

Date Filed

Document Text

April 6, 2010

Filing 12 OPINION and ORDER: Respondent's 7 Motion to Dismiss is GRANTED and Burke's 4 Petition for a Writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED without prejudice. Burke's 5 9 and 11 Motions to Amend are DENIED. Pu rsuant to Fed. R. App. P. 22(b), the Court DENIES Burke a certificate of appealability (COA) because he failed to make a substantial showing of a denial of a constitutional right. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Judge J. Garvan Murtha on 4/6/2010. (kak)

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Petitioner: James T Burke
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Respondent: Susan Hardin, Esq.
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