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Mickey L. Dooley v. United States of America

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


October 17, 2011

MICKEY L. DOOLEY, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

On September 21, 2011, this Court entered final judgment denying Petitioner's motion to vacate, set aside, or correct sentence. Petitioner filed a notice of appeal on October 11, 2011.

Pursuant to 28 U.S.C. § 2253, a petitioner may not proceed on appeal without a certificate of appealability. Section 2253(c)(2) provides that a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Section 2253(c)(3) further provides that "[t]he certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)." Because Petitioner may not proceed on appeal without a certificate of appealability issued by either this Court or the Court of Appeals for the Seventh Circuit, the Court construes the notice of appeal as also requesting a certificate of appealability. See FED. R. APP. P. 22(b).

This Court carefully considered Petitioner's arguments and for the reasons thoroughly set forth in the September 21, 2011, Memorandum and Order (see Doc. 20), Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, the Court DECLINES to issue a certificate of appealability. Pursuant to Federal Rule of Appellate Procedure 22(b), Petitioner may present his request for a certificate of appealability to the Court of Appeals for the Seventh Circuit.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20111017

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