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17-043 - MCDONALD v. SMITH


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17-043 - MCDONALD v. SMITH
May 3, 2017
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Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - "Subject-matter jurisdiction is the first question in every case, and if the court concludes that it lacks jurisdiction it must proceed no further." The petition of Dale McDonald for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a) fails this test and the action must therefore be dismissed. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2254 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find it "debatable whether [this court] was correct in its procedural ruling." The court therefore denies a certificate of appealability. As to the present case, with the prior habeas petition having been adjudicated on the merits, and in the absence of authorization for the present filing from the Court of Appeals, this action must now be dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue. (See Order.) Signed by Judge Larry J. McKinney on 5/3/2017.(APD)