Bell v. Kinston Rehabilitation Center
1:11-cv-00041
D. Del.Feb 7, 2011Background
- Petitioner Cleo Bell filed a petition for writ of habeas corpus under 28 U.S.C. §2254.
- Court liberally construed several unintelligible filings as the petition and related letters seeking release.
- Court dismissed the petition for lack of jurisdiction.
- Bell is not in custody in Delaware and does not challenge a Delaware sentence.
- Bell does not challenge any sentence or conviction imposed by this Court or by Delaware.
- Court held no basis for a certificate of appealability and dismissed the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under §2254 over Bell’s petition | Bell seeks relief via habeas corpus | Bell is not in custody here and challenges no Delaware or federal sentence | Lack of jurisdiction; petition dismissed |
| Entitlement to a certificate of appealability | Bell seeks appellate review of the dismissal | COA not warranted given lack of substantial constitutional-error showing | COA denied |
Key Cases Cited
- United States v. Eyer, 113 F.3d 470 (3d Cir. 1997) (requires substantial showing for a COA in habeas appeals)