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)

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