Duran v. Timme et al

Filing 55

FINAL JUDGMENT. ORDERED that no certificate of appealability will issue because Applicant has not made a substantial showing of the denial of a constitutional right. It is further ORDERED that leave to proceed in forma pauperis on appeal is denied by Clerk on 09/16/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02260-WYD-MJW
EUGENE DURAN,
Applicant,
v.
RAY TIMME, Warden CTCF, 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 Denying
28 U.S.C. § 2254 Application, filed on September 16, 2013, by the Honorable Wiley Y.
Daniel, Senior United States District Judge, and incorporated herein by reference as if
fully set forth, it is
ORDERED that the habeas corpus application is DENIED, and the action is
DISMISSED WITH PREJUDICE. It is further
ORDERED that each party shall bear its own costs and attorney’s fees. It is
further
ORDERED that no certificate of appealability will issue because Applicant has
not made a substantial showing of the denial of a constitutional right. It is further
ORDERED that leave to proceed in forma pauperis on appeal is denied.

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DATED at Denver, Colorado this 16th day of September, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk

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