Doxy v. Harrington

Filing 16

SUPPLEMENT TO MEMORANDUM Opinion and Order Signed by the Honorable Milton I. Shadur on 11/19/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA
ex rel. RODRICK DOXY #R67836,
Petitioner,
v.
RICK HARRINGTON, Warden, etc.,
Respondent.

)
)
)
)
)
)
)
)
)
)

No.

13 C 6842

SUPPLEMENT TO MEMORANDUM OPINION AND ORDER
Counsel for respondent Warden Rick Harrington has inquired
telephonically of this Court’s staff as to whether any further
submission is needed to enable to this Court to address the
subject of a certificate of appealability from its November 13,
2013 memorandum opinion and order (“Opinion”) that dismissed the
Section 2254 petition that had been filed by Rodrick Doxy
(“Doxy”).

This Court appreciates that inquiry, which brought its

attention to its inadvertent oversight in failing to comply with
Section 2254 Rule 11 on that subject.
As the Opinion should have made clear and as this supplement
expressly confirms, this Court denies Doxy a certificate of
appealability, a matter on which no further submission from
either Doxy or the respondent Warden is needed.

Again as the

analysis in the Opinion indicates, Doxy has failed to present any
issue or issues that satisfy the showing by 28 U.S.C.
§2253(c)(2).

Finally, Doxy is of course entitled to seek a

certificate of appealability from the Court of Appeals under Fed.

R. App. 22.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

November 19, 2013

2