Johnson v. Myers et al (INMATE 3)

Filing 41

ORDER: This cause is now before the court on petitioner's 37 Notice of Appeal, which the court is treating as a Motion for Certificate of Appealability. It is ORDERED that petitioner's motion for a certificate of appealability is denied. Signed by Honorable Judge Myron H. Thompson on 7/11/2017. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ALVIN JAMES JOHNSON, Petitioner, v. WALTER MYERS, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv1127-MHT (WO) ORDER This cause is now before the court on petitioner's notice of appeal (doc. no. 37), 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. ยง 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 11th day of July, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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