Hines v. United States of America

Filing 31

ORDER re 29 Notice of Appeal and 30 Notice of Appeal filed by Corey Louis Hines: The Court orders that a certificate of appealability shall not be issued as to either Notice of Appeal (Docs. 29, 30). Signed by Judge Michael J. Reagan on 9/20/12. (caa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY LOUIS HINES, #31660-044,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 11-CV-1064-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
This matter is before the Court on Corey Hines’ notice of appeal
to the United States Court of Appeals for the Seventh Circuit. On December
5, 2011, Hines filed a motion to vacate, set aside or correct his sentence
under 28 U.S C. § 2255. Roughly seven weeks later, Hines filed a motion
requesting disposition of preliminary review of his § 2255 petition.
On

March

15,

2012,

before

the

undersigned

Judge

had

completed the preliminary review or issued an Order herein, Hines filed a
Notice of Appeal. The filing of a Notice of Appeal divested the undersigned
Judge of jurisdiction and resulted in a delay of more than four months,
during which the Court of Appeals considered Hines’ appeal, ultimately
dismissing it for lack of jurisdiction.
The Court completed its preliminary review of the § 2255 motion
on August 8, 2012, and directed the Government to respond.

On

September 19, 2012, the same day that the Government filed its response,

Hines filed a Notice of Appeal, appealing the denial of his § 2255 motion
(Doc. 29) and a second Notice of Appeal, appealing the denial of his motion
that the undersigned Judge recuse himself (Doc. 30).
Under Federal Rule of Appellate Procedure 22(b), in § 2255
proceedings, a petitioner cannot appeal unless a circuit judge or a district
judge issues a certificate of appealability under 28 U.S.C. § 2253(c). The
Court of Appeals can exercise jurisdiction only over final orders, 28 U.S.C. §
1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292.
Here, the Court has issued neither a final nor an interlocutory order. Hines’
case awaits review and disposition by the district court; therefore, no
assessment of his constitutional claims is available for appellate review.
For these reasons, the Court finds that Hines has not stated any
grounds for relief under § 2253. He has not made “a substantial showing
of the denial of a constitutional right.”

Accordingly, the Court ORDERS

that a certificate of appealability shall NOT be issued as to either Notice of
Appeal (Docs. 29, 30).
IT IS SO ORDERED.
DATED September 20, 2012

s/Michael J. Reagan
MICHAEL J. REAGAN
United States District Judge

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