CABRERA v. TRAMMELL, CIV 11-151-FHS-KEW. (2012)
Court: District Court, E.D. Oklahoma
Number: infdco20120202c98
Visitors: 11
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
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 le..
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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