Pena v. Hartley et al

Filing 25

FINAL JUDGMENT by Clerk, re: 24 Order. By Clerk on 5/29/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01363-WYD
JOSE ARTURO PENA,
Applicant,
v.
S. HARTLEY, Warden, Arkansas Valley Correctional Facility; 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 May 28, 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 motion titled “Motion to Reconsider Dismissal of Claims 2(c)
and 4 and Objection to Court’s Partial Dismissal of Those Claims” (ECF No. 23) that
Applicant, Jose Arturo Pena, filed on November 7, 2012, is DENIED. It is further
ORDERED that the habeas corpus application is DENIED, and the action is
DISMISSED WITH PREJUDICE. It is further
ORDERED that each party shall bear his own costs and attorney's fees. It is
further

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ORDERED that no certificate of appealability will issue because Applicant, Jose
Arturo Pena, 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.

DATED at Denver, Colorado this 29th day of May, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK

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

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