Hamilton v. Thompson et al

Filing 7

ORDER by Judge John G. Heyburn, II on 12/9/09; for the reasons set forth in 6 Memorandum and Opinion, this action is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. This Court certifies that an appeal would not be taken in good faith. This is a final and appealable order.cc:Petitioner, pro se, Respondents, Attorney General, Commonwealth of KY (SC)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ERIK HAMILTON v. LADONNA THOMPSON et al. ORDER For the reasons set forth in the Memorandum Opinion entered this date and being otherwise sufficiently advised, IT IS HEREBY ORDERED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and that the action is DISMISSED. IT IS HEREBY FURTHER ORDERED that a certificate of appealability is DENIED. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000). This Court certifies that an appeal would be frivolous and therefore not taken in good faith. See 28 U.S.C. § 1915(a)(3). The petitioner shall direct any further request for certificate of appealability or appeal in forma pauperis to the Sixth Circuit Court of Appeals pursuant to the requirements of Fed. R. App. P. 22(b) and 24, respectively. There being no just reason for delay in its entry, this is a final and appealable order. Date: December 9, 2009 PETITIONER CIVIL ACTION NO. 3:09CV-P594-H RESPONDENTS Petitioner, pro se Respondents Attorney General, Commonwealth of Kentucky, Office of Criminal Appeals, 1024 Capital Center Drive, Frankfort, KY 40601 4412.010 cc:

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