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)
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
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