Nickels v. Norris, et al

Filing 47

ORDER denying 42 Petitioner's Motion for Certificate of Appealability. Signed by Magistrate Judge J. Thomas Ray on 03/26/2012. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

GREGORY W. NICKELS
ADC #120506

VS.

PETITIONER

5:03CV00156 JTR

LARRY NORRIS, Director
Arkansas Department of Correction

RESPONDENT
ORDER

Pending before the Court is Petitioner’s Motion for a Certificate of
Appealability. (Docket entry #42). He challenges the Court’s January 23, 2012 Order
(docket entry #37) denying his Motion for Relief From Judgment Pursuant to Rule
60(b) of the Federal Rules of Civil Procedure. In § 2554 habeas cases, a certificate
of appealability requires “a substantial showing of the denial of a constitutional right.”
See 28 U .S.C. § 2253(c)(1)-(2). Petitioner has not made such a showing in this case.
Accordingly, the Court will deny Petitioner’s Motion for a Certificate of
Appealability. If Petitioner wishes to appeal the Court’s denial of his Motion for
Relief From Judgment, he must obtain a certificate of appealability from the Eighth
Circuit Court of Appeals pursuant to 28 U.S.C. § 2253(c)(1).
IT IS THEREFORE ORDERED THAT Petitioner’s Motion for a Certificate of

Appealability (docket entry #42) is DENIED.
Dated this 26th day of March, 2012.

UNITED STATES MAGISTRATE JUDGE

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