Thebeau v. United States of America

Filing 20

MEMORANDUM AND ORDER re: 19 MOTION for Certificate of Appealability filed by Petitioner John Thebeau motion is DENIED. Signed by Honorable Rodney W. Sippel on 4/21/11. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN THEBEAU,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:09CV1660 RWS

MEMORANDUM AND ORDER
This Court has twice denied petitioner a certificate of appealability. The first time, the
Court denied a certificate of appealability when it denied his § 2255 motion on March 9, 2011.
The second time, the Court denied a certificate of appealability on April 19, 2011 upon motion of
petitioner. Now before the Court is another motion for certificate of appealability, which looks
identical to the one just denied by the Court. This motion appears to be filed in this Court in
error. However, to the extent petitioner intended to file yet another motion for certificate of
appealability in this Court, it is denied for the same reasons that the previous two certificates of
appealability were denied, namely, that petitioner has not made a substantial showing of the
denial of a federal constitutional right. In the event petitioner intended to file this motion with
the Eighth Circuit Court of Appeals, the Court will send a copy of this Memorandum and Order,
together with a copy of petitioner’s motion, to the attention of the Eighth Circuit Clerk’s Office.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for certificate of appealability
[#19] is denied.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 21st day of April, 2011.

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