Opinion
No. 08 C 660.
March 13, 2008
MEMORANDUM
Daniel Coleman ("Coleman") has filed a Notice of Appeal from this Court's January 31, 2008 dismissal of his 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus, requiring this Court under Fed.R.App.P. 22(b) either to issue a certificate of appealability or to state the reasons why such a certificate should not issue. But just after this Court received a notice from the Court of Appeals requesting such action, it received an earlier-filed Motion from Coleman (copy attached) in which he recognized that any appeal would be frivolous and asked that his Notice of Appeal be recalled.
This memorandum is being delivered to the Court of Appeals for its information and for appropriate action (this Court does not of course have jurisdiction to "recall" the Notice of Appeal). But Coleman is advised that the "stay-and-abeyance" concept addressed in Rhines v. Weber, 544 U.S. 269 (2005) is inapplicable to his situation, and this Court will not alter its dismissal of the Petition on the ground that it is barred by the independent and adequate state ground doctrine.
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