GREGORY L. FROST, District Judge.
On November 12, 2014, final Judgment was entered dismissing the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on Petitioner's December 8, 2014 Notice of Appeal, which the Court construes as a request for a certificate of appealability, and Motion for Leave to Appeal in forma pauperis. (ECF Nos 14, 15.) For the reasons that follow, Petitioner's request for a certificate of appealability and Motion for Leave to Appeal in forma pauperis on appeal are
Petitioner challenges his convictions made pursuant to his guilty plea in the Franklin County Court of Common Pleas on four counts of rape, one count of importuning, and one count of gross sexual imposition. He asserts that his guilty plea was not knowing, intelligent, and voluntary, that his sentence violates the Eighth Amendment and the Equal Protection Clause, and that the state courts improperly imposed excessive bail. This Court dismissed the latter claims as procedurally defaulted based on Petitioner's failure to raise the claims on direct appeal. In view of a record that contradicted Petitioner's claim that he did not knowingly, intelligently, or voluntarily enter his guilty plea, the Court dismissed such claim on the merits.
When a claim has been denied on the merits, a certificate of appealability may issue only if a petitioner "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This standard is a codification of Barefoot v. Estelle, 463 U.S. 880 (1983). Slack v. McDaniel, 529 U.S. 473, 484 (2000). To make a substantial showing of the denial of a constitutional right, a petitioner must show "that reasonable jurists could debate whether ... the petition should have been resolved in a different manner or that the issues presented were `adequate to deserve encouragement to proceed further.'" Id. (citing Barefoot, 463 U.S. at 893, and n.4).
When a claim has been denied on procedural grounds without reaching the merits of a petitioner's claim, a certificate of appealability should issue where the prisoner shows that reasonable jurists could debate "whether the petition states a valid claim of the denial of a constitutional right" and "whether the district court was correct in its procedural ruling." Id. at 484.
The Court is not persuaded that Petitioner has met these standards here.
Petitioner also has filed a request to proceed in forma pauperis on appeal. Pursuant to 28 U.S.C. § 1915(a)(3), an appeal may not be taken in forma pauperis if the appeal is not taken in good faith. Federal Rule of Appellate Procedure 24(a)(3)(A) provides:
Id. In addressing this standard, another court has explained:
Frazier v. Hesson, 40 F.Supp.2d 957, 967 (W.D. Tenn.1999). Further,
Penny v. Booker, No. 05-70147, 2006 WL 2008523, at *1 (E.D. Mich. July 17, 2006). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not in good faith.
Petitioner's request for a certificate of appealability and Motion for Leave to Appeal in forma pauperis on appeal are