IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 4, 2009
DARRELL JONES, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Stiehl, District Judge
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's motion for a certificate of appealability (Doc. 10). Title 28 U.S.C. § 2253(c) provides in pertinent part: Unless a circuit justice of judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from --- (A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under section 2255.
28 U.S.C. § 2253(c)(1).
Petitioner's § 2241 petition is neither a proceeding under section § 2255, nor is it a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court. Consequently, no certificate of appealability is necessary for Petitioner to perfect his appeal. Fed.R.App.P. 22(b); 28 U.S.C. § 2253(c). Accordingly, Petitioner's Motion for Certificate of Appealability is DENIED as MOOT.
IT IS SO ORDERED.
WILLIAM D. STIEHL DISTRICT JUDGE
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