Stiger v. Haynes

Filing 42

ORDER denying MOTION for Certificate of Appealability re: 36 Notice of Appeal by Thomas Harold Stiger because the Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge Susan Webber Wright on 11/04/2013. (jak)

THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
THOMAS HAROLD STIGER,
Reg #39053-115

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Petitioner
v.
ANTHONY HAYNES, Warden,
FCI - Forrest City
Respondent

No. 2:13CV00025-SWW-JJV

ORDER
By order and judgment entered July 31, 2013, the Court dismissed this action brought
pursuant to 28 U.S.C. § 2241, and on October 7, 2013, the Court denied Petitioner’s motion for
reconsideration. On September 13, 2013, Petitioner filed a notice of appeal, and on November
3, 2013, the Clerk’s office administratively entered a motion for a certificate of appealability. In
this case, the question of whether a certificate of appealability should be granted need not be
answered because such certificates are not required in habeas corpus cases brought solely under
28 U.S.C. 2241. See 28 U.S.C. § 2253(requiring a certificate of appealability from final order in
a habeas proceeding in which detention arises from state court process or a final order in a
proceeding under § 2255); see also Lindstrom v. Graber, 203 F.3d 470, 473 (7th Cir.2000). In

any event, a certificate of appealability is denied because Petitioner has not made a substantial
showing of the denial of a constitutional right.
IT IS SO ORDERED THIS 4TH DAY OF NOVEMBER, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE