Pruitt v. Fisher et al

Filing 19

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

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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to proceed further.@ Barefoot v. Estelle, 463 U.S. 880, 893 n.4, 103 S.Ct. 3383, 3394 n.4, 77 L.Ed.2d 1090 (1993) (superceded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(1) and (2).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

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