Hankins v. Milyard

Filing 75

FINAL JUDGMENT. re 74 by clerk on 2/23/2016. (dhans, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 11-cv-01090-WJM TERENCE J. HANKINS, Applicant, v. KEVIN MILYARED, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. FINAL JUDGMENT Pursuant to and in accordance with Fed. R. Civ. P. 58(a), and the Order On Application For Writ Of Habeas Corpus, entered by the Honorable William J. Martínez, United States District Judge, on February 23, 2016, it is ORDERED that Applicant Terence J. Hankins’ Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (“Application”) (ECF No. 6) is DENIED and the civil action is dismissed WITH PREJUDICE. It is FURTHER ORDERED that each party shall bear his own costs and attorney’s fees. It is FURTHER ORDERED that no certificate of appealability will issue because Applicant Terence J. Hankins 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 the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be 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 Applicant files a notice of appeal he also must pay the full $505 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. Dated at Denver, Colorado this 23rd day of February, 2016. BY THE COURT: JEFFREY P. COLWELL, CLERK By: s/Deborah Hansen Deborah Hansen, Deputy Clerk

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