Hughes v. USA

Filing 10

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge David R. Herndon on 6/26/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTON D. HUGHES,
Petitioner,
v.

No. 3:17-cv-00232-DRH

UNITED STATES OF AMERICA,
Defendant.
ORDER
HERNDON, District Judge:
Before the Court is a sua sponte case management order. On June 21,
2017, the Court entered an order and judgment dismissing petitioner Anton
Hughes’ pro se 28 U.S.C. § 2255 petition, but did not deny a certificate of
appealability (Doc. 9).

Pursuant to Rule 11(a) of the Rules Governing § 2255

Proceedings, this Court DENIES a certificate of appealability in this case.
As in the instant case, “[w]hen the district court denies a habeas petition on
procedural grounds without reaching the prisoner’s underlying constitutional
claim,” a certificate of appealability should be issued only when the prisoner

demonstrates: (1) “jurists of reason would find it debatable whether the petition
states a valid claim of the denial of a constitutional right,” and, (2) jurists of
reason would find it debatable whether the district court was correct in its
procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); Flores-Ramirez

v. Foster, 811 F.3d 861, 865 (7th 2016).

This Court concludes that jurists of reason would not find it debatable
whether Hughes’ motion states a valid claim of the denial of a constitutional right;
and also concludes that jurists of reason would not find it debatable whether this
Court correctly found that Hughes’ defense counsel could make no sustainable
objection to the issue Hughes attempted to raise in his § 2255 petition.
Accordingly, the Court DECLINES to issue Hughes a certificate of appealability.
IT IS SO ORDERED.
Signed this 26th day of June, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.06.26
16:00:51 -05'00'
UNITED STATES DISTRICT JUDGE