Haygood v. Smith
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|Date Filed||#||Document Text|
|November 27, 2012
ORDER that the 8 First Amended Petition is dismissed without prejudice. The Clerk of Court will enter a judgment of dismissal of this action without prejudice. Although Petitioner has brought his claims in a § 2241 petition, a certificate of appealability is required where a § 2241 petition attacks the petitioner's conviction or sentence. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge David G Campbell on 11/26/12. (DMT)
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