Walker et al v. Phillips

Filing 50

OPINION entered by Judge Jeanne E. Scott on 01/07/2009. Petitioner Steven Steward's Combined Motion for Certificate of Appealability: Notice of Appeal and Motion for Appointment of Counsel on Appeal (d/e 35 and 36) is DENIED in part. The reques t for a certificate of appealability (d/e 35) is denied, and the request for appointment of counsel is referred to the Court of Appeals. The Clerk is directed to forward the Motion for Appointment of Counsel on Appeal (d/e 36) to the Court of Appeals for its consideration. (DM, ilcd)

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION STEVEN STEWARD, et al., Petitioners, ) ) ) ) ) ) ) ) ) OPINION JEANNE E. SCOTT, U.S. District Judge:

Wednesday, 07 January, 2009 03:06:26 PM Clerk, U.S. District Court, ILCD

E-FILED

No. 07-3327

LARRY PHILLIPS, Respondent.

This matter comes before the Court on Petitioner Steven Steward's Combined Motion for Certificate of Appealability: Notice of Appeal and Motion for Appointment of Counsel on Appeal (d/e 35 and 36). Petitioner's request for appointment of counsel on appeal will be forwarded to the Court of Appeals for its consideration. The request for a certificate of appealability is denied. This Court dismissed the Petition (d/e 2) because the Petitioners were not entitled to habeas relief. Opinion entered December 3, 2008 (d/e 19), at 2-3. This Court may only issue certificates of appealability if a petitioner makes a substantial showing of a violation of a constitutional right. 28 U.S.C.
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2253(c); Fed. R. App. P. 22(b). When a habeas petition is denied, a certificate of appealability is appropriate only if a petitioner shows that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484 (2000). A reasonable jurist would not find debatable this Court's conclusion that Petitioner does not have a claim of a denial of a constitutional right that would entitle him to habeas review. The Court therefore denies his request for a certificate of appealability. THEREFORE, Petitioner Steven Steward's Combined Motion for Certificate of Appealability: Notice of Appeal and Motion for Appointment of Counsel on Appeal (d/e 35 and 36) is DENIED in part. The request for a certificate of appealability (d/e 35) is denied, and the request for appointment of counsel is referred to the Court of Appeals. The Clerk is directed to forward the Motion for Appointment of Counsel on Appeal (d/e 36) to the Court of Appeals for its consideration. IT IS THEREFORE SO ORDERED. ENTER: January 7, 2009 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE
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