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Shehadeh v. United States

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


June 13, 2006

JAMAL SALAH SHEHADEH, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

On May 5, 2006, this Court entered final judgment and dismissed the motion to vacate, set aside, or correct sentence (Doc. 2). Petitioner filed a notice of appeal on June 8, 2006 (Doc. 4).

Pursuant to 28 U.S.C. § 2253, Petitioner may not proceed on appeal without a certificate of appealability. Section 2253(c)(2) provides that a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Section 2253(c)(3) further provides that "[t]he certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)." Because Petitioner may not proceed on appeal without a certificate of appealability issued by either this Court or the Court of Appeals for the Seventh Circuit, the Court construes the notice of appeal as also requesting a certificate of appealability. See FED. R. APP. P. 22(b).

For the reasons set forth in the Court's May 5, 2006, Memorandum and Order (see Doc. 3), Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, the Court DECLINES to issue a certificate of appealability. Pursuant to Federal Rule of Appellate Procedure 22(b), Petitioner may present his request for a certificate of appealability to the Court of Appeals for the Seventh Circuit.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20060613

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