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)

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).