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Steward v. Phillips

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


January 7, 2009

STEVEN STEWARD, ET AL., PETITIONERS,
v.
LARRY PHILLIPS, RESPONDENT.

The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter comes before the Court on Petitioner Steven Steward's Combined Motion for Certificate of Appealability: Notice of Appeal and Motion for Appointment of Counsel on Appeal (d/e 35 and 36). Petitioner's request for appointment of counsel on appeal will be forwarded to the Court of Appeals for its consideration.

The request for a certificate of appealability is denied. This Court dismissed the Petition (d/e 2) because the Petitioners were not entitled to habeas relief. Opinion entered December 3, 2008 (d/e 19), at 2-3. This Court may only issue certificates of appealability if a petitioner makes a substantial showing of a violation of a constitutional right. 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). When a habeas petition is denied, a certificate of appealability is appropriate only if a petitioner shows that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484 (2000). A reasonable jurist would not find debatable this Court's conclusion that Petitioner does not have a claim of a denial of a constitutional right that would entitle him to habeas review. The Court therefore denies his request for a certificate of appealability.

THEREFORE, Petitioner Steven Steward's Combined Motion for Certificate of Appealability: Notice of Appeal and Motion for Appointment of Counsel on Appeal (d/e 35 and 36) is DENIED in part. The request for a certificate of appealability (d/e 35) is denied, and the request for appointment of counsel is referred to the Court of Appeals. The Clerk is directed to forward the Motion for Appointment of Counsel on Appeal (d/e 36) to the Court of Appeals for its consideration.

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20090107

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