Stewart v. Martin

Filing 9

ORDER denying 8 Motion for Certificate of Appealability. The Court finds that the request for a certificate of appealability will be denied because it is not required when a federal prisoner is appealing a § 2241 habeas petition. Signed by Honorable David C. Bramlette, III on March 26, 2013. (lda)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION TERRY W. STEWART, #17057-075 PETITIONER VERSUS CIVIL ACTION NO. 5:13-cv-4-DCB-MTP MARCUS MARTIN, Warden RESPONDENT ORDER Before the Court is the Petitioner’s motion for certificate of appealability [8]. On February 25, 2013, this Court entered a Memorandum Opinion and Order [5] and Final Judgment [6] dismissing the instant petition for habeas relief pursuant to 28 U.S.C. § 2241. Petitioner, a federal inmate, filed his Notice of Appeal [7] on March 20, 2013, along with the instant motion for certificate of appealability [8]. Having reviewed the motion [8] as well as the record, this Court finds that the instant request for a certificate of appealability will be denied because it is not required when a federal prisoner is appealing a § 2241 habeas petition. See Ojo v. INS, 106 F.3d 680, 681 (5th Cir. 1997). Based on the foregoing, the motion for certificate of appealability [8] is denied. THIS, the 26th day of March, 2013. s/David Bramlette 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?