Griffen v. Norris

Filing 35

ORDER denying Petitioner's Motion for Certificate of Appealability. Signed by Judge William R. Wilson, Jr on 12/30/2009. (thd)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JONATHON EUGENE GRIFFEN ADC #115386 v. LARRY NORRIS ORDER Pending is Petitioner's Motion for Certificate of Appealability. The standard for evaluating a certificate of appealability petition is established in 28 U.S.C. § 2253(c)(2): "A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." The Eighth Circuit has explained that "[a] substantial showing is a showing that issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings."1 Since Petitioner has not made a substantial showing of the denial of any constitutional right, the Motion for Certificate of Appealability is DENIED. IT IS SO ORDERED this 30th day of December, 2009. /s/ Wm. R. Wilson, Jr.__________ UNITED STATES DISTRICT JUDGE 5:08-CV-00215-WRW DEFENDANT PLAINTIFF

1

Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997). 1