Corrion v. McKee

Filing 46

ORDER Denying Certificate of Appealability - Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN CORRION,
Petitioner,

Case Number 09-10696
Honorable David M. Lawson

v.
MARY BERGHUIS,
Respondent.
_______________________________________/
ORDER DENYING CERTIFICATE OF APPEALABILITY
The petitioner, John Corrion, filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 that the Court denied on July 6, 2011. The Court will now consider whether to issue
a certificate of appealability.
A certificate of appealability 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). Courts must either issue a certificate
of appealability indicating which issues satisfy the required showing or provide reasons why such
a certificate should not issue. 28 U.S.C. § 2253(c)(3); Fed. R. App. P. 22(b); In re Certificates of
Appealability, 106 F.3d 1306, 1307 (6th Cir. 1997). To receive a certificate of appealability, “a
petitioner must show that reasonable jurists could debate whether (or, for that matter, agree that) the
petition should have been resolved in a different manner or that the issues presented were adequate
to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 336 (2003)
(internal quotes and citations omitted).
The petitioner’s claims were denied because they were either meritless or procedurally
defaulted. The Court now finds that reasonable jurists could not debate that this Court correctly

dismissed the petitioner’s claim. Therefore, the Court will deny the petitioner a certificate of appealability.
Accordingly, it is ORDERED that the certificate of appealability is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: July 7, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on July 7, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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