Byers v. Turner
Filing
23
Certificate of Appealability Denied. A COA should not issue. Signed by Chief District Judge Louis Guirola, Jr. on 9/16/17. (RLW)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DANIEL WAYNE BYERS
PETITIONER
v.
CAUSE NO. 1:15CV395-LG-MTP
MARSHALL TURNER, Warden
RESPONDENT
CERTIFICATE OF APPEALABILITY
A final order adverse to the applicant having been filed in the captioned
habeas corpus 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. ' 2255, the court,
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, hereby finds
that:
X 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):
SO ORDERED AND ADJUDGED this the 16th day of September, 2017.
s/
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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