Birmingham v. Pash

Filing 18

ORDER DENYING PETITIONER'S REQUEST SEEKING A CERTIFICATE OF APPEALABILITY, 17 . Signed on 6/29/17 by District Judge Ortrie D. Smith. (Order mailed to Terry Birmingham.) (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
TERRY BIRMINGHAM,
Petitioner,
vs.
RONDA J. PASH, Warden,
Crossroads Correctional Center,
Respondent.

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Case No. 16-00965-CV-W-ODS

ORDER DENYING PETITIONER’S REQUEST
SEEKING A CERTIFICATE OF APPEALABILITY
Pending is Petitioner’s Request Seeking a Certificate of Appealability. Doc. #17.1
On April 3, 2017, the Court denied the issuance of a certificate of appealability, finding
Petitioner failed to show a reasonable jurist would find the Court’s ruling on the
constitutional claims debatable or wrong. Doc. #14, at 13-14 (citations omitted). For
those same reasons, the Court denies Petitioner’s request.
The Clerk of the Court is directed to mail a copy of this Order to Terry
Birmingham, #501767, Crossroads Correctional Center 4D-157, 1115 East Pence
Road, Cameron, Missouri 64429.
IT IS SO ORDERED.

DATE: June 29, 2017

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/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

Petitioner sent his request to the Eighth Circuit Court of Appeals. Because Petitioner
has not appealed this Court’s decision, the Eighth Circuit sent Petitioner’s request to
this Court for filing and consideration.