Falcon v. Berkebile

Filing 10

ORDER denying 9 Motion for Certificate of Appealability. Signed by District Judge Keith Starrett on 3/29/2018 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
OSVALDO FALCON

VS.

CIVIL ACTION NO. 5:17-cv-72-KS-MTP

WARDEN “UNKNOWN” BERKEBILE

CERTIFICATE OF APPEALABILITY
A Notice of Appeal having been filed in the above captioned habeas corpus case, in
which the detention complained of arises out of process issued by a state court pursuant to 28
U.S.C. § 2254, and the Court, considering the record in the case and the requirements of 28
U.S.C. § 2253 and Rule 22(b) of the Federal Rules of Appellate Procedure, hereby finds that:
A Certificate of Appealability should not issue.
The party appealing is not a pauper.
Reasons:
This Court finds that the Petitioner has failed to make a substantial showing of a violation
of a Constitutional or statutory right.
SO ORDERED AND ADJUDGED on this, the 29th

day of March, 2018..

s/Keith Starrett
KEITH STARRETT
UNITED STATES DISTRICT COURT JUDGE