Pruitt v. Fisher et al

Filing 19

Certificate of Appealability Denied. Signed by District Judge Sharion Aycock on 11/13/17. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
NATHANIEL PRUITT

PETITIONER

v.

No. 1:16CV199-SA-RP

MARSHALL FISHER, ET AL.

RESPONDENTS

CERTIFICATE OF APPEALABILITY
A final order having been issued in either a habeas corpus proceeding in which the detention
complained of arises out of process issued by a state court under 28 U.S.C. § 2254 or § 2241 or in a
proceeding under 28 U.S.C. § 2255, the Court, considering the record in the case and the requirements
of Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c), hereby finds that
PART A

9

The applicant has made a substantial showing of the denial of a constitutional right.

SPECIFIC ISSUE(S):

:

A certificate of appealability should not issue.

REASONS FOR DENIAL:
For the reasons stated in the opinion, the court finds that the Petitioner has failed to
Ademonstrate that the issues are debatable among jurists of reason; that a court could resolve issues in
a different manner; or that the questions are adequate to deserve encouragement to proceed further.@
Barefoot v. Estelle, 463 U.S. 880, 893 n.4, 103 S.Ct. 3383, 3394 n.4, 77 L.Ed.2d 1090 (1993)
(superceded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(1) and (2). Specifically,
the court finds, for the reasons set forth in its, memorandum opinion and final judgment, that the
instant petition for a writ of habeas corpus should be dismissed for failure to exhaust state remedies.
SO ORDERED, this, the 13th day of November, 2017.
/s/ Sharion Aycock___________
U.S. DISTRICT JUDGE