Ferguson v. Mississippi Department of Correction et al

Filing 24

Certificate of Appealability Denied. A COA should not issue. The applicant has failed to make a substantial showing of the denial of a constitutional right. Signed by District Judge Halil S. Ozerden on 6/16/15 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JAMES M. FERGUSON
v.
MISSISSIPPI DEPARTMENT OF
CORRECTION, CHRISTOPHER
EPPS, and JIM HOOD

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PETITIONER
CIVIL NO.: 1:14cv204-HSO-RHW
RESPONDENTS

CERTIFICATE OF APPEALABILITY
A final order adverse to the applicant having been filed in the captioned case,
in which the detention complained of arises out of process issued by a state court or
a proceeding pursuant to 28 U.S.C. § 2254, or the detention arises out of a judgment
and conviction in federal court which is being challenged pursuant to 28 U.S.C. §
2255, the Court, considering the record in this case and the requirements of 28
U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11
of the Rules Governing Section 2254 and 2255 Cases in the United States District
Courts, hereby finds that:
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A Certificate of Appealability should not issue. 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):

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REASONS:
Petitioner has not made a “substantial showing of the denial of a constitutional
right.” See 28 U.S.C. § 2253(c)(2); Elizalde v. Dretke, 362 F.3d 323, 328 (5th Cir.
2004). Petitioner has not exhausted the state law remedies available to him under
Mississippi law as required under 28 U.S.C. § 2254(b)(1). See Memorandum
Opinion and Order Overruling Objection, Adopting Proposed Findings of Fact and
Recommendations, and Dismissing Petitioner for Writ of Habeas Corpus Without
Prejudice.
DATE: June 16, 2015.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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