Mullins v. Taylor

Filing 6

ORDER by Judge John G. Heyburn, II on 6/16/09; for the reasons set forth in the Memorandum Opinion 5 , the instant action is DISMISSED without prejudice. The Court further certifies that an appeal would not be taken in good faith. Because reasonable jurists could not debate this Court's decision to dismiss this case, a certificate of appealability is DENIED. This is a final Order.cc:Petitioner, pro se, Respondent (SC)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE WILLIAM DAVID MULLINS v. WARDEN CLARK TAYLOR ORDER PETITIONER CIVIL ACTION NO. 3:09-CV-P307-H RESPONDENT

For the reasons set forth in the Memorandum Opinion entered this date, IT IS HEREBY ORDERED that the instant action is DISMISSED without prejudice. There being no just reason for delay in its entry, this is a final order. The Court further certifies that an appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Because reasonable jurists could not debate this Court's decision to dismiss this case, a certificate of appealability is DENIED. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Date:

cc: 4412.009

Petitioner, pro se Respondent

June 16, 2009