Smith v. Archuleta et al

Filing 49

FINAL JUDGMENT. re: 48 , by clerk on 12/1/2015. (dhans, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 14-cv-1185-WJM
MARLON L. SMITH,
Applicant,
v.
LOU ARCHULETA, Warden, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

FINAL JUDGMENT

In accordance with orders filed during the pendency of this case, and pursuant to
Fed. R. Civ. P. 58(a)(1), the following Final Judgment is hereby entered.
Pursuant to the Order On Application for Writ of Habeas Corpus [48], filed on
December 1, 2015, it is
ORDERED that:
1.

Applicant Marlon L. Smith’s Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2254 [1] is DENIED.

2.

The case is DISMISSED WITH PREJUDICE.

3.

Each party shall bear his own costs and attorney’s fees.

4.

No certificate of appealability will issue because Applicant has not made a
substantial showing of the denial of a constitutional right, pursuant to
28 U.S.C. § 2253(c).

Dated at Denver, Colorado, this 1st day of December, 2015.
BY THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Deborah Hansen
Deborah Hansen, Deputy Clerk