Masters v. Collins

Filing 2

ORDER Denying 1 Petition for Writ of Habeas Corpus. A certificate of appealability shall not issue. Signed by Judge Andrew P. Gordon on 5/29/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 RYAN DANIEL MASTERS, 10 Petitioner, 11 vs. 12 Case No. 2:13-cv-01692-APG-NJK CHARLOTTE COLLINS, et al., 13 ORDER Respondents. 14 15 Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 16 (#1). He presents multiple claims that his federal custody is illegal. Petitioner is a defendant in a 17 criminal case brought before this court, case number 2:12-cr-00145-MMD-GWF. He was found 18 guilty in a jury trial. Subsequent to filing the petition, petitioner was convicted and the matter is 19 now on appeal. The issues that he raises in the petition are issues that he needs to raise on appeal or 20 in a motion attacking his sentence pursuant to 28 U.S.C. § 2255. To the extent that a certificate of appealability is necessary, reasonable jurists would not find 21 22 the court’s conclusion to be debatable or wrong, and the court will not issue a certificate of 23 appealability. IT IS THEREFORE ORDERED that the petition for a writ of habeas corpus (Dkt. #1) is 24 25 DENIED. The clerk of the court shall enter judgment accordingly. 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that a certificate of appealability shall not issue. 2 Dated: May 28, 2014. Dated: May 29, 2014. 3 4 _________________________________ ANDREW P. GORDON United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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