Unpublished Dispositioncarl Johnson, Petitioner-appellant, v. H. Gary Wells, Warden, Respondent-appellee, 915 F.2d 1572 (6th Cir. 1990)

ORDER

Johnson appeals from the district court's order denying a certificate of probable cause in this habeas corpus case. 28 U.S.C. § 2254. The receipt of the certified record has been construed as an application for a certificate of probable cause. Fed. R. App. P. 22(b).

A Van Buren, Michigan, court convicted Johnson of first degree murder. He received a life sentence. He filed a habeas petition which the district court denied. The district court also entered an order denying a certificate of probable cause. Johnson took this appeal from that order.

An order denying a certificate of probable cause is not an appealable order under 28 U.S.C. § 1291. Therefore, this court lacks jurisdiction over this appeal.

The application for a certificate of probable cause is denied for lack of jurisdiction.