Stewart v. Motley

Filing 8

ORDER by Judge John G. Heyburn, II on 7/28/09; for the reasons set forth in 7 Memorandum Opinion, the petition is DISMISSED with prejudice as time-barred. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. The Court further certifies, that an appeal of this action would not be taken in good faith. This is a Final Order.cc:Petitioner, pro se, Respondent, Attorney General, Commonwealth of Kentucky (SC)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:08-CVP-363-H THOMAS E. STEWART v. JOHN MOTLEY, WARDEN ORDER This matter is before the Court after preliminary review of Thomas E. Stewart's pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. For reasons set forth in a Memorandum Opinion entered this date, IT IS HEREBY ORDERED that the petition is DISMISSED with prejudice as timebarred under 28 U.S.C. § 2244. IT IS FURTHER ORDERED that for reasons stated in the Memorandum Opinion, a Certificate of Appealability is DENIED. This is a final order with no just reason for delay in its entry. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this action would not be taken in good faith. DATE:
July 28, 2009

PETITIONER

RESPONDENT

cc:

Petitioner, pro se Respondent Attorney General, Commonwealth of Kentucky

4412.007