Schmidt v. Hubert

Filing 26

ORDER denying 24 Motion for Certificate of Appealability re 23 Notice of Appeal. Signed by Chief Judge Richard T Haik, Sr on 1/8/09. (crt,Lundy, N)

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LSLJ~. D4rL A1~E1R·CTEOF \ iT D S M·M-~L CLERK 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION RICHARD SCHMIDT VERSUS CORNELL HUBERT, WARDEN ELAYN HUNT CORRECTIONAL CENTER CIVIL ACTION #05-2168 JUDGE HAIK MAGISTRATE JUDGE HILL CERTIFICATE OF APPEALABILiTY A final order having been filed in the above-captioned habeas case, the court, considering the record in this case and the requirements of 28 U.S.C. 2253, hereby finds that: ___________ ( The Certificate of Appealability is DENIED because the applicant has failed to demonstrate a substantial showing of the denial of a constitutional right. The Certificate of Appealability is GRANTED for the reasons set forth below: The applicant has made a substantial showing of the denial of a constitutional right with respect to the issues listed below: Signed at Lafayeffe, Louisiana on this _______ day of (`/(L44U~C2Of I-IA D T. HAIK, SR. UNITED STATES DISTRICT JUDGE

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