GRAY v. U.S., 3:13-1434. (2014)
Court: District Court, M.D. Tennessee
Number: infdco20140904d97
Visitors: 8
Filed: Sep. 03, 2014
Latest Update: Sep. 03, 2014
Summary: ORDER KEVIN H. SHARP, District Judge. On June 12, 2014, an order (Docket Entry No.27) was entered dismissing the instant pro se 2255 habeas corpus action. Since the entry of this order, the petitioner has filed a Motion for a Certificate of Appealability (Docket Entry No.39), a Notice of Appeal (Docket Entry No.40), and an application to proceed on appeal in forma pauperis (Docket Entry No.41). In the order of dismissal, the Court determined that a Certificate of Appealability should no
Summary: ORDER KEVIN H. SHARP, District Judge. On June 12, 2014, an order (Docket Entry No.27) was entered dismissing the instant pro se 2255 habeas corpus action. Since the entry of this order, the petitioner has filed a Motion for a Certificate of Appealability (Docket Entry No.39), a Notice of Appeal (Docket Entry No.40), and an application to proceed on appeal in forma pauperis (Docket Entry No.41). In the order of dismissal, the Court determined that a Certificate of Appealability should not..
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ORDER
KEVIN H. SHARP, District Judge.
On June 12, 2014, an order (Docket Entry No.27) was entered dismissing the instant pro se § 2255 habeas corpus action.
Since the entry of this order, the petitioner has filed a Motion for a Certificate of Appealability (Docket Entry No.39), a Notice of Appeal (Docket Entry No.40), and an application to proceed on appeal in forma pauperis (Docket Entry No.41).
In the order of dismissal, the Court determined that a Certificate of Appealability should not issue. 28 U.S.C. § 2253(c). The petitioner has since offered nothing to show that this determination was made in error. Therefore, petitioner's Motion for a Certificate of Appealability is DENIED.
Having determined that it would not be appropriate to issue a Certificate of Appealability, an appeal would not be brought in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, petitioner's application to proceed on appeal in forma pauperis is hereby DENIED.
The Clerk shall forward a copy of this order to the Clerk of the Sixth Circuit Court of Appeals.
It is so ORDERED.
Source: Leagle
