Crownhart v. Smith et al

Filing 237

CERTIFICATE OF APPEALABILITY DENIED re 231 Notice of Appeal filed by Earl Crownhart by Judge Philip A. Brimmer on 08/21/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00692-PAB-KLM EARL CROWNHART, Applicant, v. LARRY REID, Respondent.

ORDER DENYING CERTIFICATE OF APPEALABILITY Judge, Brimmer Applicant filed a Notice of Appeal on August 17, 2009. Applicant is appealing to the United States Court of Appeals for the Tenth Circuit from the Minute Order filed on August 13, 2009. No final order has been entered in this action. Pursuant to 28 U.S.C. § 2253(c)(1)(A), a certificate of appealability is necessary to appeal from the final order in a habeas corpus proceeding pursuant to 28 U.S.C. § 2241. The Court will not issue a certificate of appealability in this action because no final order has been entered. Accordingly, it is ORDERED that a certificate of appealability will not be issued. DATED at Denver, Colorado this 21st day of August, 2009.

BY THE COURT: s/Philip A. Brimmer DISTRICT JUDGE, UNITED STATES DISTRICT COURT, DISTRICT OF COLORADO