Opinion
Civil Action No. 12-cv-01828-REB
02-07-2013
LEWIS RICHARDSON, Plaintiff, v. PAM PLOUGHE, Warden, JOHN W. SUTHERS, Attorney General State of Colorado, Defendants.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final Judgment is hereby entered.
A. Pursuant to the ORDER TO DISMISS IN PART AND FOR ANSWER [#15] entered by Judge Robert E. Blackburn on October 2, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
That claims 1(c), 1(d), 1(e), 2(a) and 2(c) of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) are dismissed as procedurally barred; in the alternative, claims 1(c) and 1(d) are dismissed because the claims present issues of state law only.
B. Pursuant to the ORDER DENYING APPLICATION FOR A WRIT OF HABEAS CORPUS [#25] entered by Judge Robert E. Blackburn on February 4, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 [ # 1] filed on July 12, 2012, by Applicant Lewis Richardson, is DENIED;
2. That this case is DISMISSED WITH PREJUDICE;
3. That there is no basis on which to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c); and
4. Leave to proceed in forma pauperis on appeal is denied; insread, Applicant may file a motion in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this 7h day of February, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, Clerk
By: __________
Edward P. Butler
Deputy Clerk