Ollie v. Marlak
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
CASE NO. 4:17 CV 1304
JUDGE JAMES S. GWIN
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.
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
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?