Swiger v. Reid

Full title: JOHN RAY SWIGER, Applicant, v. LARRY REID, and KEN SALAZAR, The Attorney…

Court: United States District Court, D. Colorado

Date published: Jan 18, 2006

Civil Action No. 04-cv-1010-PSF-MJW (D. Colo. Jan. 18, 2006)

Opinion

Civil Action No. 04-cv-1010-PSF-MJW.

January 18, 2006

ORDER ON CERTIFICATE OF APPEALABILITY

PHILLIP FIGA, District Judge

This matter is before the Court on Petitioner's Request for Certificate of Appealability (Dkt. # 15) filed June 8, 2005. In the Request, Mr. Swiger asks that he be granted a certificate of appealability, because the case is of constitutional value and merits further review in light of the recent U.S. Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005).

A certificate of appealability is proper once the Application for a Writ of Habeas Corpus has been dealt with in a dispositive manner. See Fed.R.App.P. 22(a). The action currently is pending review before the Court. A request for a certificate of appealability, therefore, is premature. Accordingly, it is

ORDERED that Applicant's Request for Certificate of Appealablity, filed June 8, 2005, is premature and is DENIED with leave to renew when appropriate.