Parker v. Jackson

N.D. Mississippi

Parker v. Jackson

DecidedSeptember 23, 2025

Docket4:23-cv-00116

StatusUnknown

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Parker v. Jackson, (N.D. Miss. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

ATIBA PARKER PETITIONER

v. No. 4:23CV116-SA-RP

KEVIN JACKSON, ET AL. RESPONDENTS

CERTIFICATE OF APPEALABILITY The court has entered a final judgment in a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court under 28 U.S.C. § 2254. Considering the record in the case and the requirements of Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c), the court finds that a certificate of appealability should not issue. For the reasons stated in its opinion, the court finds that the Petitioner has failed to “demonstrate that the issues are debatable among jurists of reason; that a court could resolve issues in a different manner; or that the questions are adequate to deserve encouragement to proceed further.” Barefoot v. Estelle, 463 U.S. 880, 893 n.4, 103 S.Ct. 3383, 3394 n.4, 77 L.Ed.2d 1090 (1993) (superseded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(c) (1) and (2). Specifically, the court finds, for the reasons set forth in its memorandum opinion and final judgment, that the instant petition for a writ of habeas corpus should be dismissed with prejudice on the merits and under the doctrine of procedural default. SO ORDERED, this, the 23rd day of September, 2025.

/s/ Sharion Aycock SENIOR UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

ATIBA PARKER PETITIONER

v. No. 4:23CV116-SA-RP

KEVIN JACKSON, ET AL. RESPONDENTS

CERTIFICATE OF APPEALABILITY The court has entered a final judgment in a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court under 28 U.S.C. § 2254. Considering the record in the case and the requirements of Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c), the court finds that a certificate of appealability should not issue. For the reasons stated in its opinion, the court finds that the Petitioner has failed to “demonstrate that the issues are debatable among jurists of reason; that a court could resolve issues in a different manner; or that the questions are adequate to deserve encouragement to proceed further.” Barefoot v. Estelle, 463 U.S. 880, 893 n.4, 103 S.Ct. 3383, 3394 n.4, 77 L.Ed.2d 1090 (1993) (superseded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(c) (1) and (2). Specifically, the court finds, for the reasons set forth in its memorandum opinion and final judgment, that the instant petition for a writ of habeas corpus should be dismissed with prejudice on the merits and under the doctrine of procedural default. SO ORDERED, this, the 23rd day of September, 2025.

/s/ Sharion Aycock SENIOR UNITED STATES DISTRICT JUDGE

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