Sweeney v. Smith

DECISION AND ORDER

MYRON L. GORDON, District Judge.

I denied Mr. Sweeney’s petition for a writ of habeas corpus on June 12, 1998, pursuant to Rule 4, Rules Governing Section 2254 Cases. On June 29,1998, he filed a notice of appeal, a request for a certificate of appeala-bility, and a motion for leave to proceed in forma pauperis on appeal.

Before Mr. Sweeney may take his appeal to the court of appeals for the seventh, circuit, the district court must consider whether to grant him a certificate of appealability, pursuant to 28 U.S.C. § 2253(c). Although the relevant statute states that an appeal…