Trader v. Outlaw

Full title: OSSIE ROBERT TRADER v. T.C. OUTLAW, et al

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 19, 2006

No. 06-cv-01948-JF (E.D. Pa. Jul. 19, 2006)

Opinion

No. 06-cv-01948-JF.

July 19, 2006

MEMORANDUM AND ORDER

JOHN FULLAM, Senior District Judge

On July 17, 2006, the Court of Appeals remanded this case "for the sole purpose of either issuing a certificate of appealability or stating reasons why a certificate of appealability should not issue."

Actually, the order appealed from (the order of May 24, 2006) has been vacated (on motion of petitioner) and has been replaced by an order dated July 6, 2006. As disclosed in that order, and elaborated in the accompanying memorandum, the dismissal was based upon two reasons: (1) petitioner has long since completed service of the sentence he wished to challenge; and (2) the petition was legally frivolous (being based upon petitioner's apparent belief that state courts have no jurisdiction to try defendants who rob federally-insured banks). In short, I thought I had actually stated "reasons why a certificate of appealability should not issue."

I now confirm that I duly certify that there is no substantial constitutional issue presented in this case, and no basis for issuing a certificate of appealability. An order follows.

ORDER

AND NOW, this 19^th day of July 2006, I hereby certify that there is no basis for issuing a certificate of appealability, with respect to either the order of May 24, 2006 or the order of July 6, 2006.