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Clifton Freeman v. J. Haviland

May 18, 2011

CLIFTON FREEMAN, PETITIONER,
v.
J. HAVILAND, RESPONDENT.



The opinion of the court was delivered by: Gregory H. Hollows United States Magistrate Judge

ORDER

Petitioner is proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. On April 25, 2011, the court ordered that the petition be dismissed and the case closed. The same day, the court entered judgment against the petitioner. Petitioner has filed a notice of appeal and a motion for a certificate of appealability under 28 U.S.C. § 2253.

A court should issue a certificate of appealability pursuant to 28 U.S.C. § 2253 if jurists of reason would find it debatable whether petitioner's claim is a valid claim of the denial of a constitutional right and whether this action should have been be dismissed. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Here, petitioner's claim that the Board of Parole Hearings violated his right to due process is clearly barred by the decision in Swarthout v. Cooke, ___ U.S. ___, 131 S. Ct. 859 (2011). Therefore, the court declines to issue a certificate of appealability.

Accordingly, IT IS HEREBY ORDERED that the motion for a certificate of appealability (Docket No. 12) is denied.

Gregory G. Hollows

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20110518

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