Francis v. Goodwin et al, No. 2:2016cv12067 - Document 28 (E.D. La. 2017)
Court Description: ORDER AND REASONS - For the reasons articulated in the Court's order denying leave to proceed in forma pauperis, Francis has not made a substantial showing of the denial of a constitutional right. The Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 7/25/2017.(cg)
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Francis v. Goodwin et al Doc. 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KENNETH FRANCIS CIVIL ACTION VERSUS NO. 16-120 67 J ERRY GOODWIN, WARDEN SECTION “R” (3) ORD ER AN D REASON S The Court dism issed Kenneth Francis’s petition for habeas corpus relief1 and denied petitioner’s m otion to proceed in form a pauperis on appeal. 2 The Court now denies a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Proceedings provides that “[t]he district court m ust issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the court m ay direct the parties to subm it arguments on whether a certificate should issue.” Rules Governing Section 2254 Proceedings, Rule 11(a). A court m ay issue a certificate of appealability only if the petitioner m akes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); Rules Governing Section 2254 Proceedings, Rule 11(a) (noting that § 2253(c)(2) supplies the controlling standard). 1 2 The “controlling R. Doc. 20 R. Doc. 27. Dockets.Justia.com standard” for a certificate of appealability requires the petitioner to show “that reasonable jurists could debate whether (or, for that m atter, agree that) the petition should have been resolved in a different m anner or that the issues presented [are] ‘adequate to deserve encouragem ent to proceed further.’” Miller-El v. Cockrell, 537 U.S. 322, 336 (20 0 3). For the reasons articulated in the Court’s order denying leave to proceed in form a pauperis, Francis has not m ade a substantial showing of the denial of a constitutional right. The Court will not issue a certificate of appealability. New Orleans, Louisiana, this _25th _ day of J uly, 20 17. ___ _____________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 2
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