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BELL v. CLARK

No. 98-4070.

194 F.3d 781 (1999)

Ricky BELL, Petitioner-Appellant, v. Dwayne A. CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1999.

Attorney(s) appearing for the Case

Ricky Bell, Joliet, IL, pro se.

Deborah L. Ahlstrand (submitted), Office of Atty. Gen., Civ. App. Div., Chicago, IL, for respondent-appellee.

Before POSNER, Chief Judge, and EASTERBROOK, Circuit Judge.

POSNER, Chief Judge.

After we denied his certificate of appealability, Fed. R.App. P. 22(b), Mr. Bell asked for his $105 in filing and docketing fees back, on the ground that since a certificate of appealability is a jurisdictional prerequisite to an appeal from a denial of habeas corpus under 28 U.S.C. § 2254, see 28 U.S.C. § 2253(c)(1)(A); Fed. R.App. P. 22(b)(1), there was no appeal. He paid for an appeal, but didn't get one, so he wants his money back...

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