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, )

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.

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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. § 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