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O'Connor v. Firkus

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


June 14, 2007

PATRICK O'CONNOR, PETITIONER,
v.
GREGORY P. FIRKUS, RESPONDENT.

The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

In an Opinion and Order entered on February 15, 2007, the Court granted the Respondent's motion to dismiss Patrick O'Connor's petition under 28 U.S.C. § 2254 for failure to exhaust his available State court remedies, thus dismissing without prejudice his petition for a writ of habeas corpus. The Petitioner subsequently filed a notice of appeal, which the Court will construe as a motion for a certificate of appealability.

Pursuant to 28 U.S.C. § 2253(c)(1)(A) and Federal Rule of Appellate Procedure 22(b)(1), in order for an appeal to be taken to the court of appeals, the court must issue a certificate of appealability authorizing the appeal of the denial of a post-conviction petition for a writ of habeas corpus. "A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Court concludes that the Petitioner has made no such showing.

Ergo, the Petitioner's motion for the issuance of a certificate of appealability [d/e 56] is DENIED.

ENTER: June 13, 2007

Richard Mills United States District Judge

20070614

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