Eye v. USA, No. 4:2011cv01130 - Document 34 (W.D. Mo. 2013)

Court Description: ORDER and OPINION denying certificate of appealability. Signed on May 22, 2013 by District Judge Ortrie D. Smith. (Moore, Terri) Modified on 5/22/2013 to note copy sent first class mail to movant(Moore, Terri).

Download PDF

Eye v. USA Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GARY EYE, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 11-1130-CV-W-ODS Crim. No. 05-00344-01-CR-W-ODS ORDER AND OPINION DENYING CERTIFICATE OF APPEALABILITY On this date, the Court has denied Petitioner's motion for postconviction relief. In order to appeal, Petitioner must first obtain a Certificate of Appealability. The Court customarily issues an Order addressing the Certificate of Appealability contemporaneously with the order on the Petition because the issues are fresh in the Court=s mind and efficiency is promoted. See Rule 11(a), Rules Governing Section 2255 Proceedings (“court may direct the parties to submit arguments on whether a certificate should issue.”). 28 U.S.C. ' 2253(c)(2) provides that a Certificate of Appealability should be granted Aonly if the applicant has made a substantial showing of the denial of a constitutional right.@ This requires Petitioner to demonstrate Athat reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (quotation omitted). The Court concludes none of the issues Movant has raised are debatable, and none require or deserve further consideration on appeal. Accordingly, the Court declines to issue a Certificate of Appealability on any issue. The Clerk of Court is directed to mail a copy of this Order to: Gary Eye Reg. No. 18593-045 USP Pollock P.O. Box 2099 Pollock, Louisiana 71467-2099 Dockets.Justia.com IT IS SO ORDERED. /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT DATE: May 22, 2013 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.