Opinion
CIVIL 1:22-cv-335-HSO-RPM
01-03-2024
JERRY PATRICK WILLIAMS PETITIONER v. MIKE EZELL RESPONDENT
CERTIFICATE OF APPEALABILITY
HALIL SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE
A final order adverse to the applicant having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court or a proceeding pursuant to 28 U.S.C. § 2241, the Court, considering the record in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11(a) of the RULES GOVERNING SECTION 2254 CASES FOR THE UNITED STATES DISTRICT COURTS, hereby finds that:
A pretrial detainee in a state-court proceeding who petitioned the Court under § 2241 “must obtain a COA” in order to appeal an order dismissing the petition. Stringer v. Williams, 161 F.3d 259, 262 (5th Cir. 1998).
A Certificate of Appealability should not issue in this case. Jurists of reason could not conclude that the Court's dismissal of Williams's claims as unexhausted was debatable or incorrect. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).