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13-4725 - Kaspar v. Dorethy

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13-4725 - Kaspar v. Dorethy
August 26, 2016
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 8/26/2016: For the reasons stated, the Court grants respondent's motion to dismiss [dkt. no. 23] and directs the Clerk to enter judgment dismissing the petition for habeas corpus. The Court declines to issue a certificate of appealability (COA), which requires the petitioner to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. ยง 2253(c)(2). This requires a determination that "reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted). When a district court denies a claim on procedural grounds, the petitioner must show both that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Id. The Court concludes that reasonable jurists would not debate whether Kaspar's first claim has merit and whether his second claim is time-barred. Mailed notice. (pjg, )