Rhatigan v. Ward

ORDER DENYING CERTIFICATE OF APPEALABILITY

LUCERO, Circuit Judge.

Wesley Rhatigan, a state prisoner proceeding pro se, requests a certificate of appealability (“COA”) to appeal the district court’s denial of his 28 U.S.C. § 2241 habeas petition. For substantially the same reasons set forth by the district court, we DENY a COA and DISMISS.

Rhatigan is currently serving an eight year sentence for armed robbery by force in Lawton Correctional Facility in Oklahoma. A correctional officer, Matt Ferrell, found in Rhatigan’s cell a soda can with a small metal tube struck through it, enabling it to be…