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WEST v. SCHNEITER

No. 06-4359.

485 F.3d 393 (2007)

Rufus WEST, Petitioner-Appellant, v. Richard SCHNEITER, Warden, Wisconsin Secure Program Facility, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 2007.

Rehearing Denied May 21, 2007.

Attorney(s) appearing for the Case

Rufus West (submitted), Boscobel, WI, pro se.

Peggy A. Lautenschlager, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

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

EASTERBROOK, Chief Judge.

Does a prisoner who wants to appeal from the denial of a post-judgment motion in a collateral proceeding need a certificate of appealability under 28 U.S.C. § 2253(c)? We give an affirmative answer, conclude that this petitioner is not entitled to a certificate, and dismiss the appeal.

Rufus West applied for a writ of habeas corpus under 28 U.S.C. § 2254 and lost on the ground that his application was untimely. After the...

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