McCarty v. Dewalt

Filing 5

JUDGMENT: (1) petition filed by Harold Dean McCarty against Warden Stephen Dewalt as respondent 2 is DENIED, & Judgment is ENTERED in favor of the respondent; (2)Court certifies that any appeal would not be taken in good faith. Signed by Judge Joseph M. Hood on 01/29/2009.(RJD)cc: COR,PET

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

HAROLD DEAN MCCARTY, Petitioner, vs. STEPHEN DEWALT, Respondent. *****

) ) ) Civil Action No. 5: 08-CV-433JMH ) ) ) ) ) JUDGMENT ) ***** *****

Consistent with the Memorandum Opinion and Order entered today, pursuant to Rule 58 of the Federal Rules of Civil Procedure it is ORDERED AND ADJUDGED that: 1. The petition filed pursuant to 28 U.S.C. § 2241 by Harold

Dean McCarty against Warden Stephen Dewalt as Respondent [R. 2] is DENIED, and Judgment is ENTERED in favor of the Respondent. 2. The Court certifies that any appeal would not be taken in

good faith. 28 U.S.C. § 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997); Kincade v. Sparkman, 117 F.3d 949 (6th Cir. 1997). This the 29th day of January, 2009.