Duplessis v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANDREW M. DUPLESSIS, ) ) Petitioner, ) ) vs. ) Case No. 21-cv-00095-JPG ) UNITED STATES OF AMERICA, ) ) Respondent. )

MEMORANDUM AND ORDER Pursuant to Rule 11(a) of the Rules Governing Section 2255 Proceedings and Rule 22(b)(1) of the Federal Rules of Appellate Procedure, the Court considers whether to issue a certificate of appealability of this final order adverse to the petitioner. A certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke, 542 U.S. 274, 282 (2004); Ouska v. Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). To make such a showing, the petitioner must “demonstrate that reasonable jurists could debate whether [the] challenge in [the] habeas petition should have been resolved in a different manner or that the issue presented was adequate to deserve encouragement to proceed further.” Ouska, 246 F.3d at 1046; accord Buck v. Davis, 137 S. Ct. 759, 773 (2017); Miller-El v. Cockrell, 537 U. S. 322, 327 (2003). The Court finds that Duplessis has not made such a showing and, accordingly, DECLINES to issue a certificate of appealability.

IT IS SO ORDERED. Dated: June 7, 2022 /s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE