McBee v. Daniels, et al. (INMATE 3)(LEAD)

Filing 34

ORDER: These two cases are now before the court on petitioner's 31 Notice of Appeal, which the court is treating as a Motion for Certificate of Appealability. It is ORDERED that petitioner's Motion for Certificate of Appealability is DENIED as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

JERRY RANDOLPH McBEE,
# 105694,

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Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.

JERRY RANDOLPH McBEE,
# 105694,

CIVIL ACTION NO.
1:14cv1230-MHT
(WO)

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)
)
)
)
)
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Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.

CIVIL ACTION NO.
1:15cv15-MHT
(WO)

ORDER
These

two

cases

are

now

before

the

court

on

petitioner's notice of appeal (doc. no. 31), which the
court

is

treating

as

a

motion

for

certificate

of

appealability.
To

obtain

a

certificate

of

appealability

the

prisoner must make a "substantial showing of the denial
of a constitutional right."

28 U.S.C. § 2253(c)(2).

The court finds that the petitioner has failed to make
this showing.
***
Accordingly, it is ORDERED that petitioner's motion
for a certificate of appealability is denied.
DONE, this the 17th day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE