Saunders v. Walton
Filing
5
ORDER Denying Certificate of Appealability. Signed by District Judge David M. Lawson. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NATHANIEL SAUNDERS,
Petitioner,
v.
Case Number 12-14140
Honorable David M. Lawson
J. S. WALTON,
Respondent.
___________________________________/
ORDER DENYING CERTIFICATE OF APPEALABILITY
The petitioner, Nathaniel Saunders, filed an application for the writ of habeas corpus,
claiming that intervening changes in federal law and his “actual innocence” of a career criminal
sentencing enhancement require that this Court set aside his federal criminal sentence. The Court
found that the motion was improperly filed as a petition for writ of habeas corpus under 28 U.S.C.
§ 2241, and that the petitioner must instead file a motion to vacate or correct sentence under 28
U.S.C. § 2255 in order to challenge his federal criminal sentence.
Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in the United States District
Courts:
The district court must issue or deny a certificate of appealability when it enters a
final order adverse to the applicant. . . . If the court issues a certificate, the court must
state the specific issue or issues that satisfy the showing required by 28 U.S.C. §
2253(c)(2). If the court denies a certificate, a party may not appeal the denial but
may seek a certificate from the court of appeals under Federal Rule of Appellate
Procedure 22.
Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts.
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 Court now concludes that the petitioner’s claim for relief from his federal criminal
sentence was improperly filed as a petition for the writ of habeas corpus and that reasonable jurists
could not debate the correctness of the Court’s decision. Therefore, the Court will deny a certificate
of appealability.
Accordingly, it is ORDERED that a certificate of appealability is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: October 15, 2012
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 October 15, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL
-2-
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