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)

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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

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