Citation Codes Equivalent Citations citation codes Docket Number No. 3:05-0713. Judges Aleta Arthur Trauger Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. KYNASTON SCOTT Petitioner, v. WAYNE BRANDON Respondent. ORDER ALETA TRAUGER, District Judge In accordance with the Memorandum contemporaneously entered, the Court finds that the petitioner has failed to state a claim upon which relief can be granted. Accordingly, the instant § 2254 petition (Docket Entry No. 1) for writ of habeas corpus is DENIED and this action is hereby DISMISSED. Rule 8(a), Rules ___ § 2254 Cases. Should the petitioner file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner has been unable to make a substantial showing of the denial of a constitutional right. Entry of this order shall constitute the final judgment in this action. It is so ORDERED.