ELLIOTT v. U.S., CR413-115. (2016)
Court: District Court, S.D. Georgia
Number: infdco20160505a59
Visitors: 31
Filed: May 04, 2016
Latest Update: May 04, 2016
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Petitioner's Motion to Notify the Court of the Defendant's Intention to Appeal. (Doc. 10.) The Court construes this motion as a notice of appeal of the Court's order (Doc. 8) adopting the Magistrate Judge's Report and Recommendation, a Motion to Proceed In Forma Pauperis, and a Motion for a Certificate of Appealability ("COA"). Pursuant to 28 U.S.C. 2253(c), an appeal may not be taken in this matter unless the court issue
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Petitioner's Motion to Notify the Court of the Defendant's Intention to Appeal. (Doc. 10.) The Court construes this motion as a notice of appeal of the Court's order (Doc. 8) adopting the Magistrate Judge's Report and Recommendation, a Motion to Proceed In Forma Pauperis, and a Motion for a Certificate of Appealability ("COA"). Pursuant to 28 U.S.C. 2253(c), an appeal may not be taken in this matter unless the court issues..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is Petitioner's Motion to Notify the Court of the Defendant's Intention to Appeal. (Doc. 10.) The Court construes this motion as a notice of appeal of the Court's order (Doc. 8) adopting the Magistrate Judge's Report and Recommendation, a Motion to Proceed In Forma Pauperis, and a Motion for a Certificate of Appealability ("COA"). Pursuant to 28 U.S.C. § 2253(c), an appeal may not be taken in this matter unless the court issues a COA. This certificate may issue only if Petitioner has made a substantial showing of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484 (2000). After careful consideration, the Court finds that Petitioner cannot meet the above standard, rendering moot any request for in forma pauperis status on appeal. Accordingly, Petitioner's request for a COA is DENIED and his request for in forma pauperis status is DISMISSED AS MOOT. The Clerk of Court is DIRECTED to amend the docket accordingly and to submit all necessary information to the Court of Appeals for the Eleventh Circuit.
SO ORDERED.
Source: Leagle
