Hoeck v. Timme et al

Filing 23

FINAL JUDGMENT. re: #22 IT IS ORDERED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 #1 , filed by David B. Hoeck, on September 19, 2013, is DENIED and this action is DISMISSED WITH PREJUDICE, by Deborah Hansen, Deputy Clerk on 4/21/2014. (dhans, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 13-cv-02575-WJM DAVID B. HOECK, Applicant, v. RAE TIMME, 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), all previous Orders entered in this case, and the Order On Application For Writ of Habeas Corpus, entered by the Honorable William J. Martínez, United States District Judge, on April 21, 2014, IT IS ORDERED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1), filed by David B. Hoeck, on September 19, 2013, is DENIED and this action is DISMISSED WITH PREJUDICE. 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 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 21st day of April 2014. BY THE COURT: JEFFREY P. COLWELL, CLERK By: Deborah A. Hansen Deborah A. Hansen, Deputy Clerk

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