Lenoir v. Norris

Filing 24

ORDER denying 23 Motion for Certificate of Appealability and finding as moot 22 Motion for Leave to Proceed in forma pauperis. Signed by Judge James M. Moody on 5/3/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANTONIO LENOIR
ADC # 116451
V.

PETITIONER
NO. 5:03CV0006

LARRY NORRIS, Director
Arkansas Department of Corrections

RESPONDENT
ORDER

Pending are Petitioner’s motion for leave to proceed in forma pauperis, docket # 22 and motion
for certificate of appealability, docket # 23. Petitioner’s Petition for Writ of Habeas Corpus under 28
U.S.C. § 2254 was denied and judgment was entered on July 19, 2004. Petitioner now seeks a certificate
of appealability under Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c).
In order for this Court to grant a certificate of appealability, the petitioner must make a “substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); Tiedeman v. Benson, 122 F.3d
518 (8th Cir. 1997). Granting a certificate of appealability requires a demonstration that “a reasonable
jurist” would find the district court ruling on the constitutional claim “debatable or wrong.” Tennard v.
Dretke, 542 U.S. 274, 282 (2004).
In this case, Petitioner has failed to make such a substantial showing of the denial of a
constitutional right. Accordingly, for the reasons previously stated in the order dismissing Petitioner’s
petition, the motion for certificate of appealability is denied and Petitioner’s motion for leave to proceed
in forma pauperis is moot.
IT IS SO ORDERED this 3rd day of May, 2012.

__________________________________
James M. Moody
United States District Judge