Anderson v. Rapelje, No. 2:2011cv14825 - Document 22 (E.D. Mich. 2013)

Court Description: OPINION AND ORDER denying 19 Motion for a Certificate of Appealability. Signed by District Judge Paul D. Borman. (DTof)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ALBERT ANDERSON, Petitioner, CASE NO. 2:11-14825 HONORABLE PAUL D. BORMAN UNITED STATES DISTRICT JUDGE v. LLOYD RAPELJE, Respondent. ______________________________________/ OPINION AND ORDER DENYING THE MOTION FOR A CERTIFICATE OF APPEALABILITY On July 9, 2012, this Court denied petitioner s habeas application that had been brought pursuant to 28 U.S.C. ยง 2254 and also denied petitioner a certificate of appealability and leave to appeal in forma pauperis. Anderson v. Rapelje, No. 2:11-CV-14825; 2012 WL 2720165 (E.D. Mich. July 9, 2012). The United States Court of Appeals for the Sixth Circuit subsequently denied petitioner s application for a certificate of appealability, his motion for leave to proceed in forma pauperis, and dismissed the appeal. Anderson v. Rapelje, No. 12-2293 (6th Cir. September 18, 2013). Pending before the Court is petitioner s Motion Addressing Why the Court Should Issue a Certificate of Appealability. In light of the fact that the Sixth Circuit has denied petitioner a certificate of appealability and dismissed petitioner s appeal, the motion for a certificate of appealability will be denied as moot. See Woodberry v. Bruce, 203 F. App x. 186, 189 (10th Cir. 2006). The Sixth Circuit s denial of petitioner s motion for a certificate of appealability and the dismissal of petitioner s 1 prior appeal divested this Court of any power to grant petitioner a certificate of appealability on the issues he previously appealed and lost on before the Sixth Circuit. Id. IT IS ORDERED that Petitioner s Motion Addressing Why the Court Should Issue a Certificate of Appealability [Dkt. # 19] is DENIED AS MOOT. SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 23, 2013 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on December 23, 2013. s/Deborah Tofil Case Manager 2