Holloway v. Steward

Filing 38

ORDER Denying Petitioner a Certificate of Appealability re 34 Notice of Appeal filed by Charles Holloway. Signed by District Judge Matthew F. Leitman. (HRya)

Case 2:88-cv-71422-MFL ECF No. 38, PageID.298 Filed 02/16/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES HOLLOWAY,
Petitioner,
v.

Case No. 88-cv-71422
Hon. Matthew F. Leitman

DARRELL STEWARD,
Respondent.
__________________________________________________________________/
ORDER DENYING PETITIONER A CERTIFICATE OF APPEALABILITY
Petitioner Charles Holloway is a state prisoner in the custody of the Michigan
Department of Corrections. On October 20, 2021, the Court issued an order denying
Holloway’s motion to re-open these habeas proceedings. (See Order, ECF No. 26.)
At that time, the Court did not address whether Holloway was entitled to a Certificate
of Appealability. The Court does so now and DENIES Holloway such a certificate.
A court “may issue” a Certificate of Appealability “only if the applicant has
made a substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2). To demonstrate such a denial, Holloway must show that reasonable
jurists could debate whether the petition should have been resolved in a different
manner or that the issues presented are adequate to deserve encouragement to
proceed further. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). Here, jurists
of reason would not debate the Court's conclusion that Holloway was not entitled to

Case 2:88-cv-71422-MFL ECF No. 38, PageID.299 Filed 02/16/22 Page 2 of 2

relief on his motion to re-open these habeas proceedings.

The Court

therefore DENIES Holloway a certificate of appealability.
IT IS SO ORDERED.

Dated: February 16, 2022

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 16, 2022, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

2