Taylor v. Robert et al

Filing 11

ORDER denying 7 Motion for Certificate of Appealability. Signed by Judge Michael J. Reagan on 10/5/2010. (jwt)

Taylor v. Robert et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JAMES EARL TAYLOR, Petitioner, vs. BRADLEY J. ROBERT, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL NO. 09-cv-438-MJR

MEMORANDUM AND ORDER REAGAN, District Judge: This matter is before the Court on Petitioner's motion for a certificate of appealability (Doc. 7). Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 which this Court determined was a second or successive § 2254 action. Because Petitioner had not received permission to file a second or successive § 2254 action in this Court from the Seventh Circuit Court of Appeals, this Court dismissed the action for lack of jurisdiction. 28 U.S.C. § 2244(b)(3)(A). Petitioner filed a notice of appeal with respect to the dismissal of his action. See (Doc. 7). The Seventh Circuit construed Petitioner's notice of appeal as a request for certification of appeal and denied him a certificate of appealablity. See (Doc. 10). Accordingly, the instant motion for a certificate of appealability (Doc. 7) is DENIED as moot. IT IS SO ORDERED. DATED this 5th day of October, 2010. s/ Michael J. Reagan MICHAEL J. REAGAN United States District Judge

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