Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01010-LTB-MJW

Document 16

Filed 01/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa

Civil Action No. 04-cv-1010-PSF-MJW JOHN RAY SWIGER, Applicant, v. LARRY REID, and KEN SALAZAR, The Attorney General of the State of Colorado, Respondents.

ORDER ON CERTIFICATE OF APPEALABILITY

This matter is before the Court on Petitioner' Request for Certificate of s Appealability (Dkt. # 15) filed June 8, 2005. In the Request, Mr. Swiger asks that he be granted a certificate of appealability, because the case is of constitutional value and merits further review in light of the recent U.S. Supreme Court' decision in United s States v. Booker, 125 S. Ct. 738 (2005). A certificate of appealability is proper once the Application for a Writ of Habeas Corpus has been dealt with in a dispositive manner. See Fed. R. App. P. 22(a). The action currently is pending review before the Court. A request for a certificate of appealability, therefore, is premature. Accordingly, it is

Case 1:04-cv-01010-LTB-MJW

Document 16

Filed 01/18/2006

Page 2 of 2

ORDERED that Applicant' Request for Certificate of Appealablity, filed June 8, s 2005, is premature and is DENIED with leave to renew when appropriate. DATED: January 18, 2006 BY THE COURT: s/ Phillip S. Figa
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Phillip S. Figa United States District Judge

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