Smith v. David Wade Correctional Center

Filing 9

ORDER denying 8 Motion for Certificate of Appealability re 7 Notice of Appeal. Signed by Chief Judge Robert G James on 12-21-09. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION WILLIE LEE SMITH VERSUS WARDEN, DAVID WADE CORRECTION CENTER CIVIL ACTION NO. 09-1530 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L.HAYES ORDER The Petitioner has filed a Motion for a Certificate of Appealability [Doc. No. 8] in the above-captioned habeas case. Upon consideration of the record, the requirements of 28 U.S.C. § 2253, and the Supreme Court's decision in Slack v. McDaniel, 529 U.S. 473, 478 (2000), IT IS HEREBY ORDERED that the certificate of appealability is DENIED because the applicant has failed to show that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. MONROE, LOUISIANA, this 21st day of December, 2009.

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