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08-088 - Marquina v. Bauknecht


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08-088 - Marquina v. Bauknecht
April 14, 2008
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MEMORANDUM finding that this court lacks jurisdiction to consider this petition and the petition will be DENIED. A certificate of appealability SHALL NOT ISSUE in this action. This court hereby CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this court will DENY the petitioner leave to proceed in forma pauperis on appeal. (cc: respondent Warden Donald Bauknecht FPC Eglin Post Office Box 600 Eglin AFB, Florida 32542 and the United States Attorney). Signed by District Judge Thomas W Phillips on 4/14/08. (ADA) Modified text re service on 4/14/2008 (ADA).
April 14, 2008
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JUDGMENT ORDER; the petition for the writ of habeas corpus is DENIED and this action is DISMISSED. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is hereby DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The court thus DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge Thomas W Phillips on 4/14/08 and Entered by Patricia L. McNutt, Clerk of Court. (ADA)