Citation Codes Equivalent Citations citation codes Docket Number No. 3:09-0064. Judges Aleta Arthur Trauger Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. DONNELL V. BOOKER Petitioner, v. JIM MORROW, WARDEN Respondent. ORDER ALETA TRAUGER, District Judge The Court has before it a pro se § 2254 prisoner petition (Docket Entry No. 1) for writ of habeas corpus, and the respondent's Motion to Dismiss (Docket Entry No. 15). In accordance with the Memorandum contemporaneously entered, the Court finds that the petitioner has failed to state a claim upon which habeas corpus relief can be granted. Therefore, the petition is DENIED and this action is hereby DISMISSED. Rule 8(a), Rules ___ § 2254 Cases. Should the petitioner file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner has failed to make a substantial showing of the denial of a constitutional right. It is so ORDERED.