McConico v. Alabama Board of Pardons & Parole, 2:19cv111-MHT. (2019)
Court: District Court, M.D. Alabama
Number: infdco20190716854
Visitors: 12
Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: ORDER MYRON H. THOMPSON , District Judge . It is ORDERED that petitioner's motion for certificate of appealability (doc. no. 48) is denied as moot, and on the merits. Petitioner filed his motion for certificate of appealability in order to appeal the court's June 7, 2019 judgment. See Motion for Certificate of Appealability (doc. no. 48). Shortly after entering the judgment, the court received petitioner's earlier mailed motion for additional time to file an objection to the recommendati
Summary: ORDER MYRON H. THOMPSON , District Judge . It is ORDERED that petitioner's motion for certificate of appealability (doc. no. 48) is denied as moot, and on the merits. Petitioner filed his motion for certificate of appealability in order to appeal the court's June 7, 2019 judgment. See Motion for Certificate of Appealability (doc. no. 48). Shortly after entering the judgment, the court received petitioner's earlier mailed motion for additional time to file an objection to the recommendatio..
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ORDER
MYRON H. THOMPSON, District Judge.
It is ORDERED that petitioner's motion for certificate of appealability (doc. no. 48) is denied as moot, and on the merits.
Petitioner filed his motion for certificate of appealability in order to appeal the court's June 7, 2019 judgment. See Motion for Certificate of Appealability (doc. no. 48). Shortly after entering the judgment, the court received petitioner's earlier mailed motion for additional time to file an objection to the recommendation of the United States Magistrate Judge. See Motion for Additional Time (doc. no. 44). The court then vacated the judgment (before receiving petitioner's notice of appeal and motion for certificate of appealability) and granted the motion for additional time to file an objection to the recommendation. See Order (doc. no. 45). In sum, there is no need for a certificate of appealability now because the contested judgment is no longer in force; thus the motion is moot.
In any case, to obtain a certificate of appealability the prisoner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court finds that petitioner has failed to make this showing because the judgment he appeals from has been vacated.
Source: Leagle
