Smith v. Cain

District Court, S.D. Mississippi

Smith v. Cain

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

THOMAS CAREY SMITH, #43131 § PETITIONER § § v. § Civil No. 1:20cv183-HSO-BWR § § BURL CAIN, et al. § RESPONDENTS

CERTIFICATE OF APPEALABILITY

A final order adverse to the applicant having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court or a proceeding pursuant to

28 U.S.C. § 2254

, the Court, considering the record in the case and the requirements of

28 U.S.C. § 2253

, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11(a) of the RULES GOVERNING SECTION 2254 CASES FOR THE UNITED STATES DISTRICT COURTS, hereby finds that: A Certificate of Appealability should not issue in this case. Jurists of reason could not conclude that the petition states a valid claim of the denial of a constitutional right. See Slack v. McDaniel,

529 U.S. 473, 484

(2000).

s/ Halil Suleyman Ozerden Date: January 20, 2023

HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE

Reference

Status
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