Craig v. Mississippi Dept. of Corrections

Filing 51

ORDER denying 50 Motion for Certificate of Appealability. Signed by Chief District Judge Louis Guirola, Jr., on 10/31/2017. (BR)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION HENRY LEE CRAIG PETITIONER v. CAUSE NO. 1:16CV371-LG-FKB J. BRADLEY, Warden; and G. WALKER, Warden RESPONDENTS ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY BEFORE THE COURT is the Motion for a Certificate of Appealability [50] filed by the petitioner Henry Lee Craig. 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): IT IS, THEREFORE, ORDERED AND ADJUDGED that, for the reasons stated in this Court’s Order Adopting Report and Recommendation and Dismissing Action [30], the petitioner’s Motion for a Certificate of Appealability [50] is DENIED. SO ORDERED AND ADJUDGED this the 31st day of October, 2017. s/ Louis Guirola, Jr. Louis Guirola, Jr. Chief United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?