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United States v. Skinner

United States District Court, Southern District of Mississippi, Southern Division

February 4, 2015

UNITED STATES PLAINTIFF
v.
JESSE M. SKINNER DEFENDANT Criminal Action No: 1:02-cr-93-DCB-JMR

ORDER DENYING COA

David Bramlette, UNITED STATES DISTRICT JUDGE

Rule 11(a) of the rules governing §§ 2254 and 2255 cases requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the Petitioner. Having reviewed the record, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows:

Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show (1) that reasonable jurists would find this Court’s “assessment of the constitutional claims debatable or wrong, ” or (2) that reasonable jurists would find “it debatable whether the petition states a valid claim of the denial of a constitutional right” and “debatable whether [this Court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).[1]The Court therefore denies a certificate of appealability.

IT IS, THEREFORE, ORDERED AND ADJUDGED that a certificate of appealability is DENIED.

SO ORDERED AND ADJUDGED,


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