Nathan, et al v. Puckett

Filing 27

ORDER denying 26 Motion for Certificate of Appealability. Signed by District Judge Walter J. Gex, III on 6/21/10. (RLW)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

DAYRAL T. NATHAN VERSUS STEVE W. PUCKETT ORDER DENYING CERTIFICATE OF APPEALABILITY

PETITIONER CIVIL ACTION NO. 1:91cv177WJG RESPONDENT

THIS CAUSE comes before the Court on Petitioner's motion [26] for a certificate of appealability filed on June 17, 2010. Having reviewed the record, this Court finds that a final order adverse to the applicant was filed in the captioned habeas corpus case in which the detention complained of arises out of process issued by a state court. Therefore, this Court has determined after considering the record in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts that: X A Certificate of Appealability should not issue and thus the Petitioner's motion [26] is denied. The applicant has failed to make a substantial showing of the denial of a constitutional right. A Certificate of Appealability should issue for the following specific issue(s): SO ORDERED AND ADJUDGED this the 21st day of June, 2010.

UNITED STATES SENIOR DISTRICT JUDGE
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