Shreve v. USA
Filing
9
MEMORANDUM AND ORDER, The Court finds that Shreve has not made such a showing and, accordingly, DECLINES to issue a certificate of appealability. The Clerk of Court is DIRECTED to send a copy of this order to the Court of Appeals for use in connection with Appeal No. 14-1873. Signed by Judge J. Phil Gilbert on 4/22/2014. (jdh)
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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT L. SHREVE, JR.,
Petitioner,
v.
Civil No. 13-cv-1066-JPG
UNITED STATES OF AMERICA,
Criminal No 12-cr-40012-JPG
Respondent.
MEMORANDUM AND ORDER
Pursuant to Federal Rule of Appellate Procedure 22(b)(1), the Court construes petitioner
Robert L. Shreve, Jr.’s notice of appeal as a request for a certificate of appealability. See Ouska v.
Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). A § 2255 petitioner may not proceed on
appeal without a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Ouska, 246 F.3d at
1045. A certificate of appealability may issue “only if the applicant has made a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke,
542 U.S. 274, 282 (2004); Ouska, 246 F.3d at 1045. To make such a showing, the petitioner must
“demonstrate that reasonable jurists could debate whether [the] challenge in [the] habeas petition
should have been resolved in a different manner or that the issue presented was adequate to
deserve encouragement to proceed further.” Ouska, 246 F.3d at 1046; accord Tennard, 542 U.S.
at 282; Slack v. McDaniel, 529 U.S. 473, 484 (2000) (certificate of appealability should issue if
the petitioner demonstrates “that reasonable jurists would find the district court’s assessment of the
constitutional claims debatable or wrong.”). The Court finds that Shreve has not made such a
showing and, accordingly, DECLINES to issue a certificate of appealability. The Clerk of Court
is DIRECTED to send a copy of this order to the Court of Appeals for use in connection with
Appeal No. 14-1873.
IT IS SO ORDERED.
DATED: April 22, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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