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Carter v. People

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


January 9, 2009

WILLIAM DALE CARTER, PETITIONER,
v.
PEOPLE OF ILLINOIS, 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 William Dale Clark's Notice of Appeal, which the Court deems to be a Request for a Certificate of Appealability (d/e 11).

The Request for a Certificate of Appealability is denied. This Court dismissed the Petition (d/e 1) because the Petitioner was not entitled to habeas relief. Opinion entered December 8, 2008 (d/e 9), at 2. 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 relief. The Court therefore denies his request for a Certificate of Appealability.

THEREFORE, Petitioner William Dale Carter's Request for a Certificate of Appealability (d/e 11) is DENIED.

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20090109

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