Mattatall v. Wall

Filing 30

ORDER: This Court hereby finds that this case is not appropriate for the issuance of a Certificate of Appealability because Mattatall has failed to make a substantial showing of the denial of a constitutional right as to any claim, as required by 28 U.S.C. § 2253(c)(2) - So Ordered by Chief Judge William E. Smith on 5/9/2019. (Urizandi, Nisshy)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND STEPHEN R. MATTATALL, Petitioner, v. ASHBEL T. WALL, Respondent. ) ) ) ) ) ) ) ) ) ) C.A. No. 17-468-WES ORDER DENYING CERTIFICATE OF APPEALABILITY On February 22, 2019, the Court entered a final order dismissing Petitioner Stephen R. Mattatall’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, and the First Circuit Court of Appeals now requests that a Certificate of Appealability either be issued or denied by this Court. This Court hereby finds that this case is not appropriate for the issuance of a Certificate of Appealability because Mattatall has failed to make a substantial showing of the denial of a constitutional right as to any claim, as required by 28 U.S.C. § 2253(c)(2). In addition, Mattatall has not demonstrated that “jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). IT IS SO ORDERED. William E. Smith Chief Judge Date: May 9, 2019

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