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Haynes v. Haviland

March 27, 2007

SHANNON HAYNES, PETITIONER,
v.
JAMES S. HAVILAND, WARDEN, RESPONDENT.



The opinion of the court was delivered by: James L. Graham United States District Judge

Magistrate Judge King

OPINION AND ORDER

On March 13, 2007, the Court denied petitioner's motion for relief from final judgment dismissing his §2254 petition, on the basis that the Court is without jurisdiction to consider petitioner's motion since this action currently is pending on appeal before the United States Court of Appeals for the Sixth Circuit, and because the record failed to reflect any basis to justify relief from judgment, assuming that the case were remanded to this Court for consideration of petitioner's motion. This matter is now before the Court on petitioner's March 22, 2007, notice of appeal, which the Court construes as a request for a certificate of appealability. For the reasons that follow, petitioner's request for a certificate of appealability, Doc. No. 41, is DENIED.

Where the Court dismisses a claim on procedural grounds, a certificate of appealability should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.

Slack v. McDaniel, 120 S.Ct. 1595 (2000). Thus, there are two components to determining whether a certificate of appealability should issue when a claim is dismissed on procedural grounds: "one directed at the underlying constitutional claims and one directed at the district court's procedural holding." The court may first "resolve the issue whose answer is more apparent from the record and arguments." Id.

Petitioner has failed to establish that reasonable jurists could debate whether the District Court was correct in its denial of petitioner's motion for reconsideration. Petitioner's request for a certificate of appealability therefore is DENIED.

It is so ORDERED.

20070327

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