Maxwell v. White

Filing 86

ORDER denying 85 Petitioner's Motion for Certificate of Appealability. Signed by Magistrate Judge Joe J. Volpe on 7/30/2012. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT T. MAXWELL,
PETITIONER
ADC#108778
v.

5:09-cv-00111-JMM-JJV

D. WHITE, Warden, Maximum Security
Unit, Arkansas Department of Correction

RESPONDENT
ORDER

Before the Court is Petitioner’s Motion for Certificate of Appealability (Doc. No. 85)
regarding denial of his Motion for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil
Procedure (Doc. No. 84). For a petitioner to obtain a certificate of appealability, he or she must
show that “jurists of reason would find it debatable whether the petition states a valid claim of the
denial of a constitutional right and that jurists of reason would find it debatable whether the district
court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Notably,
“[28 U.S.C. § 2253] mandates that both showings be made before the court of appeals may entertain
the appeal.” Id. Petitioner has not made the requisite showing mentioned above. As a result, his
Motion (Doc. No. 85) is DENIED.
IT IS SO ORDERED this 30th day of July, 2012.

___________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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