Ollie v. Marlak

Filing 7

Order signed by Judge James S. Gwin on 9/21/17 denying petitioner's motion for a certificate of appealability for the reasons set forth in this order. (Related Doc. 6 ) (D,MA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JOSEPH OLLIE, Petitioner, v. WARDEN MERLAK, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:17 CV 1304 JUDGE JAMES S. GWIN ORDER This 28 U.S.C. § 2241 habeas action, filed by Petitioner Joseph Ollie, was dismissed on August 23, 2017. Now before the Court is Petitioner’s Motion for Certificate of Appealability. (ECF #6). The requirement for a certificate of appealability applies to (A) final orders in habeas cases where detention arose “out of process issued by State court” and (B) final orders under § 2255. 28 U.S.C. § 2253(c)(1). Because neither category applies here, Witham v. U.S., 355 F.3d 501, 504 (6th Cir. 2004), the Motion is denied. IT IS SO ORDERED. Dated: September 21, 2017 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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