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Jones v. United States

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


March 4, 2009

DARRELL JONES, PETITIONER,
v.
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

20090304

© 1992-2009 VersusLaw Inc.



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