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Taylor v. Robert

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


October 5, 2010

JAMES EARL TAYLOR, PETITIONER,
v.
BRADLEY J. ROBERT, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion for a certificate of appealability (Doc. 7). Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 which this Court determined was a second or successive § 2254 action. Because Petitioner had not received permission to file a second or successive § 2254 action in this Court from the Seventh Circuit Court of Appeals, this Court dismissed the action for lack of jurisdiction. 28 U.S.C. § 2244(b)(3)(A). Petitioner filed a notice of appeal with respect to the dismissal of his action. See (Doc. 7). The Seventh Circuit construed Petitioner's notice of appeal as a request for certification of appeal and denied him a certificate of appealablity. See (Doc. 10). Accordingly, the instant motion for a certificate of appealability (Doc. 7) is DENIED as moot.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20101005

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