Wiley v. Baker

D. Vermont

Wiley v. Baker

DecidedAugust 2, 2022

Docket2:20-cv-00154

StatusUnknown

This text of Wiley v. Baker (Wiley v. Baker) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wiley v. Baker, (D. Vt. 2022).

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

Timothy Wiley, : Plaintiff, : : v. : Civil No. 2:20 CV 154 : James Baker and CoreCivic, : Defendants. :

ORDER

The Report and Recommendation of the United States Magistrate Judge was filed June 10, 2022 (Doc. 24). After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. The defendants= motions to dismiss (Docs. 21, 23), are GRANTED, and that all claims alleged in Many=s complaint (Doc. 16) are DISMISSED. Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Furthermore, the petitioner=s grounds for relief do not present issues which are debatable among jurists of reasons, which could have been resolved differently, or which deserve further proceedings. See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins, 986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933 (1993). Furthermore, it is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3).

Dated at Burlington, in the District of Vermont, this 1st day of August, 2022.

/s/ William K. Sessions III William K. Sessions III District Court Judge

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

Timothy Wiley, : Plaintiff, : : v. : Civil No. 2:20 CV 154 : James Baker and CoreCivic, : Defendants. :

ORDER

The Report and Recommendation of the United States Magistrate Judge was filed June 10, 2022 (Doc. 24). After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. The defendants= motions to dismiss (Docs. 21, 23), are GRANTED, and that all claims alleged in Many=s complaint (Doc. 16) are DISMISSED. Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Furthermore, the petitioner=s grounds for relief do not present issues which are debatable among jurists of reasons, which could have been resolved differently, or which deserve further proceedings. See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins, 986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933 (1993). Furthermore, it is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3).

Dated at Burlington, in the District of Vermont, this 1st day of August, 2022.

/s/ William K. Sessions III William K. Sessions III District Court Judge

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