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17-120 - SPRY v. SMITH

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17-120 - SPRY v. SMITH
July 27, 2017
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Entry Discussing Petition for a Writ of Habeas Corpus and Denying Certificate of Appealability - An Indiana jury found David Spry guilty of attempted murder. Spry now challenges that conviction, seeking a writ of habeas corpus. For the reasons expack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore declines to issue a certificate of appealability. (See Entry). Signed by Judge Jane Magnus-Stinson on 7/27/2017.(APD)lained in this Entry, Spry's petition for a writ of habeas corpus must be denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue. Judgment consistent with this Entry shall now issue. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, the court finds that Spry has failed to show that reasonable jurists would find it "debatable whether [this court] was correct in its procedural ruling." Sl