Hodge v. Miller et al

Filing 44

JUDGMENT by Clerk in favor of Attorney General State of Colorado, Michael Miller against Blanch C. Hodge, Jr., by Clerk on 1/27/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00706-RM
BLANCH HODGE, JR.,
Petitioner,
v.
MICHAEL MILLER, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order on Application for Writ of Habeas Corpus [Doc. No. 43,
filed January 24, 2014], it is
ORDERED that the pro se Application for Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254 [Doc. No. 1, filed March 18, 2013], is DENIED and this case is
DISMISSED WITH PREJUDICE. It is
FURTHER ORDERED that all pending motions are DENIED as moot. It is
FURTHER ORDERED that there is no basis on which to issue a certificate of
appealability pursuant to 28 U.S.C. § 2253 (c). It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. 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 will be

denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962).
If Applicant files a notice of appeal he must also 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 27th day of January, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk