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Taylor v. Robert

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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