Cooper v. Ransom et al

Filing 16

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT 1 Cooper's petition is dismissed without prejudice; a certificate of appealability shall not issue; Clerk directed to close this case. Signed by Chief Judge Matthew W. Brann on 9/16/2022. (Case closed.) (lg)

Download PDF
Case 4:21-cv-01533-MWB-MP Document 16 Filed 09/16/22 Page 1 of 1   IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRUCE X. COOPER, No. 4:21-CV-01533 Petitioner, (Chief Judge Brann) v. KEVIN RANSOM, Respondent.1 ORDER AND NOW, this 16th day of September 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that: 1. Petitioner Bruce X. Cooper’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice. 2. A certificate of appealability shall not issue, as Cooper has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). 3. The Clerk of Court is directed to CLOSE this case. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge 1     Although Cooper names multiple respondents, the only proper respondent in this habeas corpus action challenging physical confinement is the superintendent of Cooper’s facility of incarceration, i.e. his “immediate custodian.” See Rumsfeld v. Padilla, 542 U.S. 426, 434-35, 439 (2004) (citations omitted); 28 U.S.C. § 2242; 28 U.S.C. § 2254 Rule 2(a).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?