Rodriguez v. McQuidgen

Filing 30

ORDER denying issuance of Certificate of Appealability re 28 Notice of Appeal filed by Mario Huerta Rodriguez. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARIO RODRIGUEZ,
CASE NO. 08-CV-13263
HONORABLE GEORGE CARAM STEEH

Movant,
v.
GREG McQUIGGIN,
Warden.
/

ORDER DENYING ISSUANCE OF CERTIFICATE OF APPEALABILITY
On July 20, 2015, the court denied movant Mario Rodriguez’s motion for relief from
judgment. (Doc. #27). Under Fed. R. App. P. 22, an appeal may not proceed absent a
certificate of appealability (“COA”) issued under 28 U.S.C. § 2253. A COA 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). The court finds no substantial showing of the denial of a constitutional
right was made by Rodriguez, and accordingly DENIES the issuance of a certificate of
appealability.
IT IS SO ORDERED.
Dated: September 15, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
September 15, 2015, by electronic and/or ordinary mail and
also on Mario H. Rodriguez #288697, Kinross Correctional
Facility, 16770 S. Watertower Drive, Kincheloe, MI 49788.
s/Barbara Radke
Deputy Clerk