Opinion
9:21-cv-573 (GLS/DJS)
06-23-2021
KENNETH J. PHELAN v. S. ECKERT
JUDGMENT IN A CIVIL CASE
___ JURY VERDICT. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
XDECISION BY COURT. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED, that the petition, Dkt. No. 1, is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. That petitioner's application for appointment of counsel, Pet. at 18-19; Dkt. No. 1-1 at 23, 32, is DENIED AS MOOT. That no certificate of appealability (COA) shall issue in this case because petitioner has failed to make a “substantial showing of the denial of a constitutional right” pursuant to 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)), in accordance with the Decision and Order issued on June 23, 2021 by Senior U.S. District Judge Gary L. Sharpe.