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- ilcd;;2:17-cv-02306_de67 RegisterActionDate "2020-03-17" @default.
- ilcd;;2:17-cv-02306_de67 RegisterActionDescriptionText "TEXT ORDER: Petitioner has filed a Motion for a Certificate of Appealability (d/e 50 ). See 28 U.S.C. § 2253(c) (providing that an appeal may not be taken to the court of appeals from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability). A certificate of appealability may issue only if Petitioner has made a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In Slack v. McDaniel, the United States Supreme Court held that "when the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claim, a certificate of appealability (COA) should issue when the prisoner shows, 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 the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Here, the Court finds that Petitioner has not made a substantial showing of a denial of a constitutional right, and that jurists of reason would not debate whether the Court was correct in denying his Rule 60(b)(6) Motion. Accordingly, the Court DECLINES to issue a certificate of appealability and DENIES Petitioner's Motion (d/e 50 ). Entered by Judge Sue E. Myerscough on 3/17/2020. (MJC, ilcd) (Entered: 03/17/2020)" @default.
- ilcd;;2:17-cv-02306_de67 AdministrativeID "None" @default.
- ilcd;;2:17-cv-02306_de67 OntologyLabel order @default.
- ilcd;;2:17-cv-02306_de67 hasReferenceToOtherEntry ilcd;;2:17-cv-02306_de62 @default.