IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION

CHRIS GATES PETITIONER

v. No. 1:19CV35-SA-JMV

ANDERSON JOHNSON, ET AL. RESPONDENTS

AND

CHRIS GATES PETITIONER

v. No. 3:19CV58-SA-JMV

MDOC RECORDS DEPT. RESPONDENT

CERTIFICATE OF APPEALABILITY

The court has entered a final judgment in a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court under

or § 2241, or the final order in a proceeding under

, and the court, considering the record in the case and the requirements of Fed. R. App. P. 22(b) and

(c), hereby finds that: PART A □ the applicant has made a substantial showing of the denial of a constitutional right. SPECIFIC ISSUE(S): ■ a certificate of appealability should not issue. REASONS FOR DENIAL: For the reasons stated in its opinion, the court finds that the Petitioner has failed to “demonstrate that the issues are debatable among jurists of reason; that a court could resolve issues in a different manner; or that the questions are adequate to deserve encouragement to proceed further.” Barefoot v. Estelle,

, 893 n.4,

, 3394 n.4,

(1993) (superseded by statute) (citations and quotations omitted);

(c) (1) and (2). Specifically, the court finds, for the reasons set forth in its memorandum opinion and final judgment, that the instant petition for a writ of habeas corpus should be dismissed for want of substantive merit and for failure to state a claim upon which relief could be granted.

SO ORDERED, this, the 17th day of March, 2020.

/s/ Sharion Aycock U. S. DISTRICT JUDGE

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