Wiley v. Baker et al

Filing 25

ORDER Adopting 24 Report and Recommendation; granting 21 Motion to Dismiss for Failure to State a Claim and all claims alleged in the complaint are DISMISSED. A certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. 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). Signed by Judge William K. Sessions III on 8/1/2022. (law)

Case 2:20-cv-00154-wks-kjd Document 25 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Timothy Wiley,
Plaintiff,
v.
James Baker and CoreCivic,
Defendants.

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:
: Civil No. 2:20 CV 154
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:
:
ORDER

The Report and Recommendation of the United States Magistrate
Judge was filed June 10, 2022 (Doc. 24).

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 defendants= motions to dismiss (Docs. 21, 23), are GRANTED,
and that all claims alleged in Many=s complaint (Doc. 16) are
DISMISSED.
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

Case 2:20-cv-00154-wks-kjd Document 25 Filed 08/02/22 Page 2 of 2

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, 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).
Dated at Burlington, in the District of Vermont, this 1st
day of August, 2022.

/s/ William K. Sessions III
William K. Sessions III
District Court Judge