Cole #190388 v. Harry

Filing 3

JUDGMENT dismissing habeas action under Rule 4 and denying a certificate of appealability; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JIMMY RAE COLE,
Petitioner,

Case No. 1:12-cv-1019

v.

Honorable Paul L. Maloney

SHIRLEE HARRY,
Respondent.
____________________________________/
JUDGMENT
In accordance with the Opinion entered this day:
IT IS ORDERED that Petitioner’s application for habeas corpus relief be
DISMISSED without prejudice pursuant to Rule 4 of the Rules Governing § 2254 Cases for failing
to file his habeas petition under 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED because
a reasonable jurist could not conclude either that the district court erred in dismissing the petition for
failure to file the habeas petition under 28 U.S.C. § 2254 or that Petitioner should be allowed to
proceed further. Slack v. McDaniel, 529 U.S. 473, 484 (2000).

Dated:

October 26, 2012

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge