Tubbs v. Norris

Filing 18

ORDER denying 17 Motion for Certificate of Appealability. Signed by Judge James M. Moody on 2/25/10. (dac)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS STACY TUBBS ADC #113786 VS. CASE NO. 5:09CV00183 JMM PETITIONER

LARRY NORRIS, DIRECTOR ARKANSAS DEPARTMENT OF CORRECTION ORDER

RESPONDENT

Pending before the Court is petitioner's Motion for a Certificate of Appealability . Petitioner filed this motion and a notice of appeal to the Court of Appeals for the Eighth Circuit on February 24, 2010. For this Court to grant a certificate of appealability, the petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Winfield v. Roper, 460 F.3d 1026 (8th Cir. 2006) . A "substantial showing" is one in which a petitioner demonstrates that his "`issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further.'" Randolph v. Kemna, 276 F.3d 401, 402 n.1 (8th Cir. 2002) (citing Barefoot v. Estelle, 463 U.S. 880, 893 (1983)). Petitioner has failed to make a substantial showing of the denial of any constitutional right and his Motion for Certificate of Appealability is denied (#17). IT IS SO ORDERED this 25 day of February , 20 10 .

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James M. Moody United States District Judge