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)

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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 2

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