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Bownes v. United States

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


January 2, 2008

MARVIS BOWNES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

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

MEMORANDUM AND ORDER

In this civil proceeding, Marvis Bownes challenged a sentence imposed by the undersigned District Judge in one of two criminal prosecutions in this District (Case No. 03-cr-30097). The undersigned Judge rejected Bownes' challenge and denied his motion for relief under 28 U.S.C. § 2255 on October 26, 2007. Judgment was entered accordingly four days later.

On December 26, 2007, Bownes appealed this Court's denial of § 2255 relief. By accompanying motion filed here December 27, 2007, Bownes requests a certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) provides that an appeal from the final order in a § 2255 proceeding may not be taken unless a Circuit or District Court Judge has issued a certificate of appealability. For the reasons stated in the October 26, 2007 Order, this Court concludes that Bownes has not made "a substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2). Accordingly, the Court DENIES Bownes' motion for certificate of appealability (Doc. 26).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Court

20080102

© 1992-2008 VersusLaw Inc.



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