-KEW Cabrera v. Trammell et al, No. 6:2011cv00151 - Document 13 (E.D. Okla. 2012)
Court Description: OPINION AND ORDER by Judge Frank H. Seay, denying certificate of appealability(acg, Deputy Clerk)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA PABLO G. CABRERA, Petitioner, v. ANITA TRAMMELL, Warden, and I. N. S., Respondents. ) ) ) ) ) ) ) ) ) ) No. CIV 11-151-FHS-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY On this date the court dismissed petitioner s petition for a writ of habeas corpus for lack of jurisdiction and for failure to state a claim under 28 U.S.C. § 2241. After a careful review of the record, the court concludes petitioner has failed to make a substantial showing of the denial of a constitutional right, as required by 28 U.S.C. § 2253(c)(2). The court further finds petitioner has not shown at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether [this] court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, petitioner is denied a certificate of appealability. See Rule 11(a) of the Rules Governing Section 2254 Cases. IT IS SO ORDERED this 1st day of February, 2012.
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