IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 15, 2009
STANLEY PRINCE, PETITIONER,
LISA J. W. HOLLINGSWORTH, RESPONDENT.
The opinion of the court was delivered by: Michael J. Reagan United States District Judge
MEMORANDUM AND ORDER
REAGAN, District Judge
Petitioner has appealed the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and now asks this Court to issue a "certificate of appealability" pursuant to 28 U.S.C. § 2253(c), which 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 (Doc. 8) is DENIED as MOOT.
IT IS SO ORDERED.
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