Savage v. United States of America

Filing 5

ORDER denying a certificate of appealability as to defendant Tawny Bryce Savage...see order for specifics. Signed by Honorable Joe Heaton on 11/6/2018. (cla)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, Plaintiff, vs. TAWNY BRYCE SAVAGE, Defendant. ) ) ) ) ) ) ) ) ) NO. CIV-16-0082-HE NO. CR-14-0158-HE ORDER The Court of Appeals for the Tenth Circuit has entered an order abating defendant’s appeal pending a decision by this court on defendant’s request for a certificate of appealability (“COA”). Given that this court construed defendant’s Rule 60(b) motion as a second or successive motion to vacate pursuant to 28 U.S.C. § 2255 which the court did not have jurisdiction to rule on, see In re Cline, 531 F.3d 1249, 1251-52 (10th Cir. 2008), it is unclear why a ruling on a COA is necessary. Regardless, because defendant has not “made a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), a COA is DENIED. IT IS SO ORDERED. Dated this 6th day of November, 2018.

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