U.S. v. GREEN, 4:06CR00093 (2014)
Court: District Court, E.D. Arkansas
Number: infdco20140423787
Visitors: 1
Filed: Apr. 22, 2014
Latest Update: Apr. 22, 2014
Summary: ORDER JAMES M. MOODY Jr., District Judge. Pending is Petitioner's Notice of Appeal [Docket No. 157] and, by Administrative entry, Motion for Certificate of Appealability. In order for this Court to grant a Certificate of Appealability, the petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). A "substantial showing" is one in which a petitioner demonstrates that his "issues are debata
Summary: ORDER JAMES M. MOODY Jr., District Judge. Pending is Petitioner's Notice of Appeal [Docket No. 157] and, by Administrative entry, Motion for Certificate of Appealability. In order for this Court to grant a Certificate of Appealability, the petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). A "substantial showing" is one in which a petitioner demonstrates that his "issues are debatab..
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ORDER
JAMES M. MOODY Jr., District Judge.
Pending is Petitioner's Notice of Appeal [Docket No. 157] and, by Administrative entry, Motion for Certificate of Appealability. In order for this Court to grant a Certificate of Appealability, the petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). A "substantial showing" is one in which a petitioner demonstrates that his "issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are `adequate to deserve encouragement to proceed further.'" Barefoot v. Estelle, 463 U.S. 880, 893 (1983)(discussing necessary showing under previous law dealing with certificates of probable cause).
For the reasons explained in the Court's Order dated April 10, 2014 [Docket No. 155], Petitioner has failed to make a substantial showing of the denial of a constitutional right. Accordingly, the Motion for Certificate of Appealability [Administrative entry on April 22, 2014] is denied.
IT IS SO ORDERED.
Source: Leagle
