Cabrera v. Trammell et al

Filing 13

OPINION AND ORDER by Judge Frank H. Seay, denying certificate of appealability(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
PABLO G. CABRERA,
Petitioner,
v.
ANITA TRAMMELL, Warden,
and I. N. S.,
Respondents.

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No. CIV 11-151-FHS-KEW

OPINION AND ORDER
DENYING CERTIFICATE OF APPEALABILITY
On this date the court dismissed petitioner’s petition for a writ of habeas corpus for
lack of jurisdiction and for failure to state a claim under 28 U.S.C. § 2241. After a careful
review of the record, the court concludes petitioner has failed to make a “substantial showing
of the denial of a constitutional right,” as required by 28 U.S.C. § 2253(c)(2). The court
further finds petitioner has not shown “at least, that jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a constitutional right and that jurists
of reason would find it debatable whether [this] court was correct in its procedural ruling.”
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Accordingly, petitioner is denied a certificate of appealability. See Rule 11(a) of the
Rules Governing Section 2254 Cases.
IT IS SO ORDERED this 1st day of February, 2012.