Melton v. Mills

Filing 18

JUDGMENT ORDER, entered by the Clerk, in accordance with the accompanying Memorandum, the respondent's motion for summary judgment is GRANTED, the petition for the writ of habeas corpus is DENIED, and this action is DISMISSED. All other pending motions are DENIED as MOOT. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is hereby DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The court further DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge Thomas W Phillips on February 11, 2011. (mailed to Mr. Melton) (AYB)

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