Sinclair v. State of Vermont

Filing 10

ORDER ADOPTING 9 REPORT AND RECOMMENDATION denying 1 Petition for Writ of Habeas Corpus (2254) and granting 7 Motion to Dismiss. A certificate of appealability is DENIED because thepetitioner has failed to make a substantial showing of denialof a federal right. It is certified that any appeal of this matterwould not be taken in good faith, pursuant to 28 U.S.C. §1915(a)(3). Signed by Judge William K. Sessions III on 10/23/2012. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Eddie Sinclair
Petitioner,

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v.
State of Vermont,
Respondent.

File No. 2:12-CV-176

ORDER
The

Report

and

Recommendation

of

the

Magistrate Judge was filed September 28, 2012.

United

States

After careful

review of the file and the Magistrate Judge's Report and
Recommendation, no objections having been filed by any party,
this Court ADOPTS the Magistrate Judge's recommendations in full
for the reasons stated in the Report.
The

petitioner’s

motion

for

a

writ

of

habeas

corpus

pursuant to § 2254 petition (Doc. 1) is DENIED, and respondent’s
motion to dismiss (Doc. 7) is GRANTED.

Pursuant to Fed. R. App.

P. 22(b), a certificate of appealability is DENIED because the
petitioner has failed to make a substantial showing of denial
of a federal right.

Furthermore, the petitioner’s grounds for

relief do not present issues which are debatable among jurists
of reasons, which could have been resolved differently, or which
deserve further proceedings.

See e.g., Flieger v. Delo, 16

F.3rd 878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994);
Sawyer v. Collins, 986 F.2d 1493, 1497 (5th cir.), cert. denied,

1

508 U.S. 933 (1993).
Furthermore, it is certified that any appeal of this matter
would not be taken in good faith, pursuant to

28 U.S.C. §

1915(a)(3).
THIS CASE IS CLOSED.
Dated at Burlington, in the District of Vermont, this 23rd
day of October, 2012.

/s/ William K. Sessions III
William K. Sessions III
U. S. District Judge

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