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Hinton v. United States

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


May 29, 2007

DONALD HINTON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

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

ORDER

Before the Court is Petitioner's notice of appeal from the May 2, 2007 Order (Doc. 31) of this Court denying Petitioner's motion to reconsider an order issued October 22, 1997 (Doc. 13) denying Petitioner's motion to vacate, correct, or set aside his conviction pursuant to 28 U.S.C. § 2255 (Doc. 1). Pursuant to 28 U.S.C. § 2253 the 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." Further, § 2253(c)(3) provides that the "certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)."

The Petitioner has not specified any grounds for this Court to issue a certificate of appealability, nor sought the issuance of the certificate. Accordingly, the Court GRANTS Petitioner leave to file an appropriately specific and supported motion for issuance of a certificate of appealability within fourteen (14) days of the date of this Order. Failure to do so will result in an Order of this Court summarily declining to issue a certificate of appealability.

IT IS SO ORDERED.

David R Herndon United States District Judge

20070529

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