Neiberger v. Rudek

ORDER DENYING CERTIFICATE OF APPEALABILITY *

JEROME A. HOLMES, Circuit Judge.

Tracy Neiberger is a prisoner in the custody of the State of Oklahoma. Proceeding pro se, 1 he seeks a Certificate of Appealability (“COA”) to appeal the district court’s denial of his 28 U.S.C § 2254 petition for a writ of habeas corpus. For the reasons explained below, we deny his request for a COA, dismiss this matter for lack of jurisdiction, and remand to the district court with instructions to vacate its judgment.

I. Background

On December 13, 1984, Mr. Neiberger “was convicted on ... [a] plea[ ] of guilty to four…