Miller v. Irwin et al

Filing 5

ORDER (Memorandum filed previously as separate docket entry #4 )- IT IS ORDERED THAT: 1. The application for leave to proceed in forma pauperis (Doc. No. #3 ) is DENIED AS MOOT because Petitioner remitted the filing fee; 2. The habeas petition (Doc. No. #1 ) is DEEMED FILED; 3. The habeas petition (Doc. No. #1 ) is DISMISSED WITH PREJUDICE; 4. A certificate of appealability SHALL NOT ISSUE;5. The Clerk of Court is directed to SEND copies of this Order and the accompanying Memorandum to Petitioner, see R. 4, 28 U.S.C. foll. 2254; and6. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 1/29/25. (dmn)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TERRON MILLER, Petitioner v. WARDEN IRWIN, et al., Respondents : : : : : : : No. 1:24-cv-02072 (Judge Kane) ORDER AND NOW, on this 29th day of January, 2025, after considering the petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. No. 1) and application for leave to proceed in forma pauperis (Doc. No. 3) filed by pro se Petitioner Terron Miller, and for the reasons stated in the accompanying Memorandum, IT IS ORDERED THAT: 1. The application for leave to proceed in forma pauperis (Doc. No. 3) is DENIED AS MOOT because Petitioner remitted the filing fee; 2. The habeas petition (Doc. No. 1) is DEEMED FILED; 3. The habeas petition (Doc. No. 1) is DISMISSED WITH PREJUDICE; 4. A certificate of appealability SHALL NOT ISSUE; 5. The Clerk of Court is directed to SEND copies of this Order and the accompanying Memorandum to Petitioner, see R. 4, 28 U.S.C. foll. § 2254; and 6. The Clerk of Court is directed to CLOSE this case. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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