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Prince v. Hollingsworth

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


December 15, 2009

STANLEY PRINCE, PETITIONER,
v.
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.

20091215

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