Tyrone R. Johnson v. PHILLIP KERNS, Warden

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a0617n.06
No. 11-3867
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
TYRONE R. JOHNSON,
Petitioner-Appellant,
v.
PHILLIP KERNS, Warden,
Respondent-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
OHIO
Before: MARTIN and CLAY, Circuit Judges; HOOD, District Judge.*
PER CURIAM. Tyrone R. Johnson, an Ohio prisoner proceeding pro se, moves this Court
for a rehearing of its March 29, 2012 order denying his application for a certificate of appealability.
The application for a certificate of appealability arose from the district court’s order denying
Johnson’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.
Upon review, we conclude that the Court did not act under any misapprehension of law or
fact in denying Johnson’s application for a certificate of appealability. See Fed. R. App. P. 40(a).
Accordingly, the motion for rehearing is denied.
The Honorable Joseph M. Hood, United States District Judge for the Eastern District of*
Kentucky, sitting by designation.

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