Opinion
3:21CV142-GHD-DAS
08-16-2022
JACOB MEEKS PETITIONER v. PONTOTOC COUNTY SHERIFF LEO MASK, ET AL. RESPONDENTS
CERTIFICATE OF APPEALABILITY
The court has entered a final judgment in a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court under 28 U.S.C. § 2254 or § 2241, or the final order in a proceeding under 28 U.S.C. § 2255, and the court, considering the record in the case and the requirements of Fed. R, App. P. 22(b) and 28 U.S.C. § 2253(c), hereby finds that a certificate of appealability should not issue. For the reasons stated in its opinion, the court finds that the Petitioner has failed to “demonstrate that the issues are debatable among j mists of reason; that a court could resolve issues in a different manner; or that the questions are adequate to deserve encouragement to proceed further.” Barefoot v. Estelle, 463 U.S. 880, 893 n.4,103 S.Ct. 3383, 3394 n.4,77 L.Ed.2d 1090 (1993) (superseded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(c) (1) and (2). Specifically, the court finds, for the reasons set forth in its memorandum opinion and final judgment, that the instant petition for a writ of habeas corpus should be dismissed with prejudice for failure to state a claim upon which relief could be granted, or, in the alternative, without prejudice for failure to exhaust state remotes.
SO ORDERED.