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)

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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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