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McCorkle v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 12, 2006

CLENNARD EDWARD MCCORKLE, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM and ORDER

In a detailed Order issued October 24, 2005, the undersigned Judge denied Clennard McCorkle's petition to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. The Clerk of Court entered judgment accordingly. See Docs. 17, 18.

McCorkle moved for reconsideration under Federal Rule of Civil Procedure 59(e). After the parties briefed that motion, the Court denied it on December 28, 2005. McCorkle filed a notice of appeal on January 6, 2006. In conjunction with that appeal, McCorkle now moves the Court to issue a certificate of appealability. See Doc. 32, filed May 11, 2006.

28 U.S.C. § 2253(c)(1) provides: "Unless a ... judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from ... the final order in a proceeding under section 2255." 28 U.S.C. § 2253(c)(2) provides that a certificate of appealability may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right."

For the reasons thoroughly discussed in the October 2005 Order, the Court FINDS that McCorkle has not made a substantial showing of the denial of a constitutional right.

Therefore, the Court DENIES McCorkle's motion for certificate of appealability (Doc. 32).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20060512

© 1992-2006 VersusLaw Inc.



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