Clarke v. Rader

Full title: PAUL T. CLARKE (#337576) v. STEVE RADER

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Feb 17, 2012

CIVIL ACTION NO. 10-0308-JJB-CN (M.D. La. Feb. 17, 2012)

Opinion

CIVIL ACTION NO. 10-0308-JJB-CN

02-17-2012

PAUL T. CLARKE (#337576) v. STEVE RADER

JAMES J. BRADY

RULING ON MOTION FOR CERTIFICATE OF APPEALABILITY

Having separately issued a final Order in connection with the above-captioned proceeding, in which the detention complained of arises out of process issued by a state court or the final order in a proceeding under 28 U.S.C. § 2255, and having considered the record in the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b) of the Federal Rules of Appellate Procedure, the Court hereby finds that:

_ a substantial showing of the denial of a constitutional right on the issues(s) stated below having been made, the petitioner's Motion for a Certificate of Appealability is GRANTED.

ISSUE(S)

X a substantial showing of the denial of a constitutional right having not been made, the petitioner's Motion for a Certificate of Appealability is DENIED for the reasons set forth in the Magistrate Judge's Report.

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JAMES J. BRADY

UNITE STATES DISTRICT JUDGE