Demos v. U.S. Secretary of Defense et al

Filing 2

ORDER DISMISSING CASE. The petition is DISMISSED as frivolous. A certificate of appealability is DENIED. Signed by Judge Richard F. Cebull on 1/28/2013. Mailed to Demos. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

Cause No. CV 13-13-BLG-RFC

JOHN ROBERT DEMOS,
Petitioner,

ORDER DISMISSING PETITION
AND DENYING CERTIFICATE
OF APPEALABILITY

VS.

U.S. SECRETARY OF DEFENSE,
et al.,
Respondents.

On January 22, 2013, Petitioner John Robert Demos submitted a petition for
writ of habeas corpus under 28 U.S.C. §§ 2241 and 2254. Demos is a state prisoner
proceeding pro se.
Demos challenges a criminal judgment entered in the State of Washington.
This Court has no jurisdiction to hear his petition. A certificate of appealability is not
warranted as there is no doubt at all about the procedural ruling. Transfer is not
warranted as the face of the petition shows that Demos has already filed elsewhere.

Accordingly, IT IS HEREBY ORDERED as follows:
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1. The petition is DISMISSED as frivolous.
2. A certificate of appealability is DENIED.
3. The Clerk of Court shall, by separate document, enter a judgment of
dismissal.
4. Other than a notice of appeal, Demos may not file any further document in
this case. No motions for reconsideration, amendment, or of any other kind will be

DATED thi _day of January, 2013.

Richard F. Cebull, Chie udge
United States District Court

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