McEwing v. Norris

Filing 14

ORDER denying [] Motion for Certificate of Appealability. Signed by Judge William R. Wilson, Jr on 8/31/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDRE DEON McEWING 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 31st day of August, 2009. /s/ Wm. R. Wilson, Jr.__________ UNITED STATES DISTRICT JUDGE 5:08-CV-00268-WRW RESPONDENT PETITIONER 1 Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997). 1

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