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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
JOSEPH OLLIE,
Petitioner,
v.
WARDEN MERLAK,
Respondent.

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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