United States v. Ward, 16-20632. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190906917
Visitors: 13
Filed: Sep. 04, 2019
Latest Update: Sep. 04, 2019
Summary: ORDER REQUIRING CLERK OF THE COURT TO TRANSFER DEFENDANT'S APPLICATION FOR CERTIFICATE OF APPEALABILITY [#62] TO THE SIXTH CIRCUIT COURT OF APPEALS GERSHWIN A. DRAIN , District Judge . On June 14, 2019, this Court entered an Opinion and Order Denying Defendant Damon Ward's Motion to Vacate Sentence pursuant to 28 U.S.C. 2255. See ECF No. 60. The Court's June 14, 2019 Opinion and Order also declined to issue a Certificate of Appealability concluding that no reasonable jurist could disag
Summary: ORDER REQUIRING CLERK OF THE COURT TO TRANSFER DEFENDANT'S APPLICATION FOR CERTIFICATE OF APPEALABILITY [#62] TO THE SIXTH CIRCUIT COURT OF APPEALS GERSHWIN A. DRAIN , District Judge . On June 14, 2019, this Court entered an Opinion and Order Denying Defendant Damon Ward's Motion to Vacate Sentence pursuant to 28 U.S.C. 2255. See ECF No. 60. The Court's June 14, 2019 Opinion and Order also declined to issue a Certificate of Appealability concluding that no reasonable jurist could disagr..
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ORDER REQUIRING CLERK OF THE COURT TO TRANSFER DEFENDANT'S APPLICATION FOR CERTIFICATE OF APPEALABILITY [#62] TO THE SIXTH CIRCUIT COURT OF APPEALS
GERSHWIN A. DRAIN, District Judge.
On June 14, 2019, this Court entered an Opinion and Order Denying Defendant Damon Ward's Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255. See ECF No. 60. The Court's June 14, 2019 Opinion and Order also declined to issue a Certificate of Appealability concluding that no reasonable jurist could disagree with the Court's determination that counsel was not ineffective for failing to challenge sentence enhancements under U.S.S.G. § 3B1.1 and U.S.S.G. § 2B3.1. Id. at PgID 275. Defendant filed a Notice of Appeal on August 9, 2019.
Now before the Court is the Defendant's Application for a Certificate of Appealability, also filed on August 9, 2019. Upon review of the Defendant's present Application for a Certificate of Appealability, it is evident that the Application was intended to be before the Sixth Circuit Court of Appeals. Wilson v. U.S., 287 F. App'x 490, 494 (6th Cir. 2008) ("If the district judge denies a COA, a request may then be made to a court of appeals . . . .").
Accordingly, the Clerk of the Court is ORDERED to transfer Defendant's Application for a Certificate of Appealability [#62] to the Sixth Circuit Court of Appeals.
SO ORDERED.
Source: Leagle
