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CABRERA v. TRAMMELL, CIV 11-151-FHS-KEW. (2012)

Court: District Court, E.D. Oklahoma Number: infdco20120202c98 Visitors: 6
Filed: Feb. 01, 2012
Latest Update: Feb. 01, 2012
Summary: OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY FRANK H. SEAY, District Judge. 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 l
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OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY

FRANK H. SEAY, District Judge.

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.

Source:  Leagle

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